§ 1 Scope of application
umaris GmbH & Co.KG with its registered office in Eckernförde, registered in the Commercial Register of the Local Court of Kiel under the number HRA 11659 (hereinafter "umaris") offers services for entrepreneurs (hereinafter: "client") in connection with recruitment under www.umaris.de as well as under other domains operated by umaris. These GTC apply to all contracts in the area of media service between umaris and their respective client, provided that the client is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law.
These general terms and conditions apply exclusively and in the respective version valid at the time of the conclusion of the contract. General terms and conditions of the client which contradict and/or deviate from these general terms and conditions are not recognised by umaris unless umaris has expressly agreed to their validity in writing.
§ 2 Subject matter of the contract
umaris arranges advertising and promotional measures in connection with recruitment for its clients. This includes in particular, but not exclusively:
- Creation and/or placement and placement of a client's job advertisements and banners in nationwide print, online and social media;
- Deleting negative entries (reputations)
umaris has no influence on an appropriate keywording, categorisation, rubrication or placement of the job advertisement or other service within the framework of the publication in print and/or online media, which falls exclusively within the area of responsibility of the respective third party provider and therefore does not represent a contractual obligation of umaris. The client therefore has no claim against umaris for an appropriate keywording, categorisation, rubrication or placement of the job advertisement or other service in the context of the publication in print and/or online media.
§ 3 Conclusion of contract
The order is placed by the client in writing by e-mail, fax or letter. By sending the order the client accepts the general terms and conditions of umaris without restriction. The conclusion of the contract comes about through express written acceptance of the offer of the client by umaris or through the execution of the order by umaris. The written form of the acceptance is thereby maintained by fax or e-mail.
When filling in and sending the order form on the homepage www.umaris.de the offer is only in the written order confirmation by umaris; in this case the contract comes into effect through the written acceptance of the offer by umaris by the client.
§ 4 Term of contract
The term of the contract shall be determined by the publication period of the job advertisements in online and print media agreed with the client in writing. After expiry of the contractual period, the contractual relationship shall end automatically without the need for termination.
Ordinary termination is excluded for the duration of the contract. The termination without notice for good cause remains unaffected by this. An important reason for termination exists for umaris in particular, but not exclusively in the following cases:
- Application for opening of insolvency proceedings or opening of insolvency proceedings against the assets of the principal or rejection of the opening of insolvency proceedings against the assets of the principal for lack of assets;
- foreclosure measures against the assets of the principal;
- Default of the client in the payment of due remuneration claims of umaris;
- Transmission of data for the publication of job advertisements by the client that violate legal provisions and/or the rights of third parties;
- breach of the Client's obligations under § 5 below.
§ 5 Duties of the Client
In the case of a registration on www.umaris.de or on another Internet site operated by umaris, the client is obliged to provide correct and complete contact data (in particular but not exclusively: address, telephone number, e-mail address, company name, contact person). The client guarantees with the registration that the information he transmits to umaris in the course of his registration or in the course of other interactions is correct and complete and that he does not give false or insufficient information about his identity and/or the third person he represents. If the client uses incorrect contact information in the course of the registration on www.umaris.de or another internet site operated by umaris, in particular incorrect names, e-mail address, postal address, account details and credit card details or other incorrect information, he is fully liable for this and has to indemnify umaris from any damages caused by this.
If these details requested within the scope of the registration process change at a later point in time during the contractual relationship, the client is obliged to inform umaris of this and to transmit the changed contact details to umaris immediately.
The client is obliged to carefully store the access data (user name, password) received in the context of the registration on www.umaris.de or another Internet site operated by umaris. The client is not entitled to pass on or transfer this access data to external third parties. If the client has caused the use of his access data by an external third party intentionally or negligently, he has to indemnify umaris from any damage caused by the unauthorised use of the access data.
The client is obliged to send the job advertisement intended for publication to umaris completely and in good time before the intended publication date in digital form. If the design and draft of the job advertisement is to be taken over by umaris for the client, then the client is obliged to send the job advertisement data to umaris completely and in good time in digital form before the intended publication date of the job advertisement. The client alone is responsible for the correctness of the content and/or legal admissibility of the job advertisement and/or the job advertisement data sent to umaris by the client, including the image and text elements.
umaris is entitled not to execute orders placed by the client due to their content and/or their form and/or their technical design and/or to remove contents already published. This applies in particular, but not exclusively, if the content of the order placed by the client violates legal and/or official regulations and/or offends common decency and/or is abusive and/or the publication of the job advertisement submitted by the client is unreasonable for umaris for other reasons. The payment obligation of the client remains unaffected by this. umaris is only obliged to remove such contents transmitted by the client within the scope of the legal provisions and/or at the request of the client. If and insofar as claims are made against umaris due to inadmissible contents and/or other violations of the law for which the client is responsible, the client is obliged to indemnify umaris from such claims; this also includes the costs of legal prosecution.
The client guarantees that all details and contents transmitted to umaris are free of third party rights and legally permissible. umaris is not obliged to check the transmitted job advertisement and/or the transmitted job advertisement data, including the picture and text elements and/or transmitted other details for their correctness in terms of content and/or legal permissibility and/or the possible infringement of third party rights. Furthermore, the client guarantees that the job advertisements, job advertisement data including picture and text elements and other information transmitted to umaris comply with the provisions of the General Equal Treatment Act. Furthermore, the client assures to comply with all provisions of the data protection and personality protection law.
The rights of the client from the contractual relationship with umaris are non-transferable and cannot be assigned. An assumption of the contract by a third party requires the prior written consent of umaris.
The client is obliged to provide umaris with error-free job advertisements and/or other data in connection with the creation and/or publication of the job advertisements. If the client releases the job advertisement and/or the other services without making use of his correction possibility according to § 9.1 of these GTC or if the client releases the job advertisement and/or other service without providing umaris with the written corrections, umaris is not liable for faulty job advertisements and/or other services with the exception of intentional and grossly negligent behaviour.
§ 6 Copyrights
No ownership or usage rights, licences or other rights to the software used by umaris are transferred to the client through this contract. All rights to the software used by umaris remain with umaris without restriction; this also applies to all marks, titles, brands and copyrights as well as other commercial rights of umaris.
All job advertisements and other services created by umaris are subject to the copyright of umaris. Excluded from this are those job advertisements and other services which were created by the client or a third party and were taken over unchanged by umaris for publication in online and/or print media; also excluded from this are copyrights, protected works, brands, trademarks and similar industrial property rights of the client.
The client bears the sole responsibility under press, competition and other law for the job advertisement(s), job advertisement data including the picture and text elements and other information transmitted to umaris. The client confirms with the conclusion of the contract that he has acquired all necessary rights of use of the owners of copyrights, ancillary copyrights and other rights for the job advertisements, advertisement data including the picture and text elements and other details and contents transmitted by him to umaris and intended for publication in online and print media or that he can freely dispose of these. umaris is authorised to use the image and text elements and other information and content of the client for its own marketing purposes free of charge.