General business conditions for advertising employers
1. Scope of Application
The following Terms and Conditions shall apply between the employer advertising on www.sinojobs.com (portal) (hereinafter referred to as “Employer”) and Mussenbrock & Wang GmbH, Heinrich-Hertz-Strasse 131, 22083 Hamburg - Germany (hereinafter referred to as “Portal Operator”).
2. Services Rendered / Employer-Account / Employer-Profile / Job Advertisements / CV Database
2.1. The Portal Operator makes a portal available to the Employer, through which the Employer can hire individuals over the Internet using job advertisements with reference to China. Employers are also able to present themselves through an Employer-Profile. The posted job advertisement becomes part of the electronic newsletter (Jobletter), which is published weekly and which is free of charge to newsletter subscribers. Employers wishing to inspect resumes uploaded by candidates to the CV database must pay a fee for this service (see below, para. 4.3.).
2.2. In order to utilize the portal, the Employer must first register for an Employer-Account by providing essential contact data. This data is not published. Each Employer (including legal and/or natural persons) may design only one Employer-Account. Natural or legal persons who publish an Employer-Profile and job advertisements on behalf of an Employer are legally equivalent to said Employer.
2.3. Posting job advertisements requires the creation of an Employer-Profile associated with an Employer-Account. The Employer-Profile is published on the portal and is linked to job advertisements published by the Employer. The Employer can choose between a free "basic" Employer-Profile or the "standard" and "top employer" profiles, available for a fee. The included services and costs shall be indicated to the Employer before the Employer-Account order is completed.
2.4. The Employer may select between three different types of job advertisements, the "Basic", the "Standard Layout" and the "Corporate Design". Moreover, Employers may purchase priority positioning for the job advertisement in portal search results for an additional fee (TopJob). The respective potential services and costs for job advertisements shall be indicated to the Employer before the order is charged to its Employer-Account.
2.5. The Employer may use its Employer-Account to edit its Employer-Profile and job advertisements at any time, as well as to deactivate its job advertisements. The Portal Operator can deactivate or cancel the Employer-Profile after receiving an e-mail to this effect from the Employer.
3. Login and Applicant Data Confidentiality
3.1. The Employer is hereby obligated to keep the login data for its employer account a secret. Only the Employer shall have access to this data. It may not be transmitted to a third party. All individuals not registered as the user for the employer account are to be regarded as third parties.
3.2. The Employer is hereby obligated to treat applicant data received through the portal as confidential. The Employer may store and use this data only for the purpose of reviewing employment requirements for an open position.
4. Conclusion of Contract
4.1. Contracts for the publication of an Employer-Profile and job advertisements are concluded via the Employer-Account. There, the Employer may select the service level for its employer profile through a menu. By pushing the button "Publish Free Employer Profile" or “Publish Paid Employer Profile," the Employer enters into a contract with the Portal Operator for the storage and publication of the desired employer profile. The Portal Operator shall accept the offer within one weekday by sending a confirmation e-mail to the Employer. Following this email, the employer profile shall be published on the portal. An obligation to enter into a contract shall not exist.
4.2. Posting a job advertisement requires Employers to establish an Employer-Profile (see above, para. 4.1.). The Employer selects the desired service level for the job advertisement in its employer account and generates the advertisement through the menu. When the Employer presses the buttons "Place Free Job Ad" or "Place Paid Job Ad” the Employer is purchasing a binding job advertisement that is both stored in the employer account and published on the portal. At the "Corporate Design" service level, booking a contract and/or designing or entering a job advertisement takes place individually per e-mail. The Employer indicates non-binding interest in this service level by choosing this employer account, utilizing the e-mail model created by the selection, and sending it to the Portal Operator.
4.3. In order to access the CV database, the Employer must create an Employer-Profile (see above, para. 4.1.). The Employer chooses the period of access to the CV database through its Employer-Account. By choosing the button "Purchase Paid Access Package," the Employer completes a binding purchase of the selected CV database access.
5. Payment Obligation
5.1. Payment for Employer-Profiles, Job Advertisements and CV-Database access packages shall be provided within 7 days after receipt of invoice. Invoices are sent to the billing address indicated in the Employer-Account per e-mail and, if required, also by mail after services are booked.
5.2. If the Employer cancels the portal contract prematurely for just cause, it shall receive a refund proportionate to the remuneration paid for the remaining period in advance. If the Portal Operator cancels the portal contract prematurely for just cause, then the Employer shall be refunded the remuneration paid on the remaining period in advance if the just cause is not founded on its behaviour.
6. Storage Duty / Duty to Retain Information
6.1. The Portal Operator is hereby obligated to store the published job advertisements for the Employer for the purpose of general availability on designated servers. This Storage Duty shall persist until the end of the contract.
6.2. The Employer is hereby obligated to create its own backup copy of its job advertisements.
7. Portal Availability
7.1. The Portal Operator may carry out general and reasonable maintenance of the portal. The duration of maintenance tasks may not exceed 3 percent of the purchased service time. The remuneration paid in advance shall be refunded proportionate to any maintenance times exceeding this percentage. If possible, maintenance work shall be carried out outside of primary access times in China and Germany, and shall be announced to the employer through e-mail notification promptly upon awareness.
7.2. The Portal Operator hereby guarantees no availability of the portal in the case of a force majeure. Force majeure includes circumstances that lie outside of the sphere of influence of the Portal Operator. For example, these may include interference into the communication networks of third parties, power losses and hacking attacks that the portal operator has no reasonable and appropriate measures to counteract.
8. Portal Operator Liability Regarding Employment Contracts and Job Advertisements
8.1. The Portal Operator only offers a platform for the publication and/or distribution of profiles and advertisements. The portal is neither economically nor legally bound to any work contract or other employment contract concluded between an Employer and employee.
8.2. The Portal Operator shall not be obligated towards the Employer to review job advertisements, employer profiles, or applicant page content with regards to salaries or legal admissibility. The Portal Operator shall exert no influence over said contents.
9. Portal Operator Limitation of Liability
9.1. With regards to compensation claims against the Portal Operator – without regard to the respective legal basis – in case of culpability, the following shall apply:
9.2. In the case of malice and severe carelessness or in the case of harm to life, body or health, the Portal Operator shall be liable according to statutory regulations.
9.3. Otherwise, the Portal Operator shall only be liable for the violation of essential contractual duties (cardinal duties) as well as in the event of default. The liability of the Portal Operator shall, in these cases, be limited to the typical foreseeable average damage for the contract.
9.4. This exclusion and limitation of the liability shall also be in effect for the Portal Operator in case of culpability of any assistants or representatives in fulfilment.
9.5. The legal distribution of the burden of proof shall not be affected by this contract.
10. Inadmissible Contents / Exemption from Liability
10.1. The Employer may, in particular, not distribute the following contents through the portal:
10.2. The Employer hereby releases the Portal Operator from any liability and damages resulting from the publication of its content over the portal. This damage also includes required costs for legal defence and/or prosecution.
11. Applicable Law / Jurisdiction
11.1. For the contract concluded between the Employer and the Portal Operator and any legal disputes that arise from it, the law of the Federal Republic of Germany shall apply.
11.2. Provided that the Employer is a businessman in the sense of German Commercial Code (HGB), the Employer shall be considered a legal entity or special fund under public law, as stipulated by the jurisdiction of Hamburg.
Please note, only the German version of this translation is legally binding.