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Terms of use

General Terms and Conditions of JobLeads GmbH

  1. Scope and Subject Matter of these General Terms and Conditions
    1. All of the following provisions refer to the JobLeads platform, including software, (“JobLeads Software”) and the associated services (hereinafter also referred to as the “JobLeads Platform”), which are offered by JobLeads GmbH, Hamburg (“JobLeads”) on various web domains (including www.jobleads.com, www.jobleads.de, www.jobleads.at, www.jobleads.ch, www.jobleads.co.uk) to jobseekers (“Candidates”) as well as companies and personnel consultants (“Recruiters”). Candidates and Recruiters are hereinafter collectively referred to as “Users”.
    2. These provisions define the conditions under which Users may use the JobLeads platform. These General Terms and Conditions (“GTC”) apply exclusively for all Users of the JobLeads platform.
    3. Any licensing conditions or the general terms and conditions from the User are not a part of the contract even if JobLeads does not explicitly object to them or if JobLeads, without reservation, provides the contractual services to the User without knowledge of any contradictory or deviating terms of the User.
    4. Persons who have not reached 18 years of age are not allowed to register with JobLeads or use the JobLeads platform. JobLeads may verify the identity of Users by requesting suitable evidence.
  2. JobLeads Platform/Availability
    1. JobLeads offers an Internet-based career service that provides Users with functionalities and/or software for searching and communicating via the JobLeads platform. JobLeads offers Recruiters software-based tools to publish content (e.g. job advertisements) as well as software for searching and communication in databases (e.g. Candidate database). JobLeads allows Candidates to search for third-party job advertisements on the JobLeads platform and offers software-based tools to publish content (e.g. resumés). Please note that neither job placement nor personnel placement are services offered by JobLeads. JobLeads’ services lie in facilitating access to the JobLeads platform and communication on the platform in accordance with the specifications arising from these General Terms and Conditions, but not in placing jobs or in effecting a successful application.
    2. Candidates have the option to register for a free membership or a Premium Membership at cost (cf. Additional Provisions for Candidates, Clauses 7. through 13.). The use of the JobLeads platform by Recruiters requires that a User Contract has been concluded and the associated fees have been paid (cf. Additional Provisions for Recruiters, Clauses 14. through 16.).
    3. Upon successful and complete registration, which results in the permissible use of the JobLeads platform, a User obtains a personal, non-transferable and non-exclusive right to use the JobLeads platform via JobLeads’ Internet portal for the User’s own purposes in accordance with these General Terms and Conditions. Any deviating use of the JobLeads platform requires the explicit, separate, prior, and written consent of JobLeads. This applies in particular to the reproduction, as well as the paid or unpaid transfer or provision, of the JobLeads platform or JobLeads Software to third parties, or parts thereof, even if this takes place on computers that are in the possession of the User.
    4. JobLeads shall endeavor to make the JobLeads platform available without any significant interruptions. It is explicitly indicated, however, that unlimited availability is not guaranteed by JobLeads due to, for example, maintenance work. In particular, JobLeads is not responsible for downtime due to technical or other problems outside of JobLeads’ control (e.g. force majeure, third-party culpability, etc.). Depending on the state of technology, errors in programs cannot be ruled out even when great care has been taken.
    5. JobLeads assumes no guarantee or responsibility for the accuracy of the communication between Users via the JobLeads platform. This applies, for example, to the data transmitted by Candidates (such as information concerning educational background, qualifications or references). The recipient therefore bears responsibility for verifying the accuracy and completeness of the data obtained.
    6. JobLeads cannot promise or guarantee successful job placement to any User.
  3. User Obligations
    1. The User bears sole responsibility for the content of a profile, a job advertisement or communication. All of the User’s information must be truthful. Statements made by or actions of Users are not attributable to JobLeads, unless JobLeads actively associates itself with them in a specific case. The User is not permitted to upload sexual, pornographic, immoral, politically radical or otherwise illegal content. In particular, the User bears sole legal responsibility for the content the User submits. All documents, information and data submitted must be lawful (e.g. compliant with child protection laws, General Equal Treatment Act) and free from the rights of third parties (copyrights, ancillary copyrights, trademarks, personality rights, or other rights). Setting up or managing profiles for third parties is prohibited.
    2. Each User is obliged to confidentially handle any emails and other messages or data from other Users that the User receives in connection with the use of the JobLeads platform, and not to make this accessible to third parties without the consent of the author/creator.
    3. The User shall retain an up-to-date backup copy of all its offers and information placed on the JobLeads platform (e.g. information sent to third parties via the JobLeads platform), which can help enable as complete as possible a reconstruction of the database with as little effort as possible in the event of a system outage.
    4. Any use of the JobLeads platform for a reason other than the intended purpose is not permitted. In particular, collecting or saving data from the database, as well as using data in full, in part or extracts thereof online, for the commercial exploitation of addresses or as a basis or aid for compiling or adding to participant, address or other directories, or reading the databases online for the aforementioned purposes or for other commercial purposes is prohibited.
    5. The User is not permitted to use mechanisms, software or scripts in connection with the use of the JobLeads platform, as well as blocking, overwriting, modification, copying, especially copying through the use of robot/crawler search engine technologies. The User may, however, use the interfaces or software that is provided to the User as part of the JobLeads platform.
    6. The User shall refrain from any action that is likely to negatively impact the functionality of the JobLeads infrastructure, especially by overloading such infrastructure.
  4. Limitations of Liability
    1. The following provisions on the limitation of JobLeads’ liability apply to all claims for compensation and liability cases regardless of the legal basis, (e.g. delay, impossibility, breach of duty, impediment, unpermitted action, etc.) except for:
      • Claims by the User due to damage resulting from harm to life, limb and health;
      • Rights and claims of the User in the case of fraudulent concealment of defects by JobLeads or due to a lack of a quality for which JobLeads has provided a guarantee;
      • Claims and rights of the User that are based on intentional or grossly negligent conduct by JobLeads, or by JobLeads’ legal representative or vicarious agents; and
      • Claims by the User pursuant to the Product Liability Act.

      For the above exceptions, statutory provisions shall apply.
    2. In the case of damages caused by slight negligence, JobLeads is only liable in the case of the infringement of cardinal obligations, i.e. obligations that must be fulfilled in order to achieve the contractual purpose or upon the compliance with which the contractual partner can regularly rely. In the case of the infringement of cardinal obligations, JobLeads’ liability is restricted to compensation for the typical damages foreseeable by JobLeads upon the conclusion of the contract. Otherwise, the liability of JobLeads is excluded if the cause of the damages is caused by slight or simple negligence.
    3. JobLeads’ liability for errors that already existed upon the conclusion of the contract is excluded, regardless of culpability, in the case of tenant/landlord and similar user relationships. JobLeads’ liability is also excluded in the case of indirect or consequential damages.
    4. JobLeads’ liability per claim amounts to a maximum of EUR 5,000.00
    5. If and to the extent that JobLeads’ liability is excluded or limited, this also applies to the personal liability of JobLeads’ employees, workers, colleagues, representatives, subcontractors and agents.
  5. Salary Benchmark and Third-Party Information

    The salary benchmark or the salary information provided merely represent an estimated average value for that level among market leaders. This can vary significantly from company to company. The actual salary to be earned depends on factors such as salary negotiating skills, the employee’s performance and professional experience. In addition, the size and location of the company as well as its specific needs and specific salary structure play a role. Please note that the salary benchmark stated by JobLeads does not have an impact on the remuneration actually paid or to be earned for the position offered by the specific company. Rather, it is an estimated target salary for market leaders in the relevant segment. It is intended to serve as a guideline for Users in the assessment of open positions, the assessment of Users’ own career milestones and as support during salary negotiations. This is explicitly not the salary offered or usually paid by the specific companies.

  6. Other Provisions
    1. As soon as JobLeads has evidence of a User’s violation of statutory regulations, third-party rights, these General Terms and Conditions (e.g. by entering incorrect contact details, incorrect information about qualifications or in the case of harm to other participants) or other justified interests of JobLeads (hereinafter: “Suspected Abuse”), JobLeads reserves the right to take action against this member (e.g. advance warning, deletion of content, restriction or blocking of the user, termination). When choosing what action will be taken, JobLeads takes into account the operational needs of the JobLeads platform, JobLeads’s liability risks as well as the legitimate interests of any claimants and the User (e.g. culpability, significance of the duty violation, risks, statement by the User). To this extent, JobLeads may verify the content of any text as well as each image entered and amend or delete it if necessary and where required. JobLeads reserves the right to take further action. These measures do not affect JobLeads’ statutory rights. Where required and reasonable, JobLeads shall grant the User a suitable timeframe for a filing a statement and shall inform the User of the measures that will be taken.
    2. The contractual relationship between JobLeads and the respective User is governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Legally mandatory consumer rights in the country of origin of a consumer remain unaffected.
    3. The place of jurisdiction for all disputes arising from the contractual relationship between the User and JobLeads is Hamburg, insofar as the User is a merchant, a legal entity under public law or a special fund under public law. Otherwise, Hamburg has been agreed upon as the non-exclusive place of jurisdiction. Users who are consumers and live in another EU member state can assert claims arising from consumer protection standards either in Germany or in the EU member state in which they live, at their discretion.
  7. Additional Provisions for Candidates
  8. General Provisions for Candidates
    1. JobLeads offers Candidates the option to use the JobLeads platform to search for jobs, apply for jobs/positions, to establish contacts, and to recommend jobs/positions to others. A free JobLeads basic membership is available to each Candidate and offers the option of using the JobLeads software in a limited manner. Complete use of the JobLeads platform with all its functions is only available after registering for JobLeads Premium Membership, which is fee-based (cf. Clause 8.).
    2. JobLeads is a career service for qualified specialists and managers. To maintain the quality of the service, Candidates must demonstrate sufficient qualifications and provide meaningful information. JobLeads reserves the right to take action in accordance with Clause 6.1 if Candidates do not meet the criteria.
  9. Conclusion of Contract and Costs for Candidates
    1. The contract for a free basic membership is concluded upon the Candidate successfully registering with JobLeads.
    2. Opening and amending the profile is also free of charge. The Candidate may, free-of-charge, receive an unlimited number of contact requests from others responding to the Candidate’s profile and have restricted use of the JobLeads platform
    3. Should the Candidate wish to use the JobLeads platform in full, i.e. with all the available functions and without restrictions, the Candidate may only do so by acquiring a corresponding license for complete use of the JobLeads software (Premium Membership). The Candidate can start the process of obtaining a Premium Membership via a link (e.g. “Become a Premium Member now”). A contract is concluded once the Candidate has selected the duration of the Premium Membership that the Candidate desires and has accepted JobLeads’ offer to conclude a User Contract by clicking on the “Buy membership” button. The Candidate can correct any input errors at any time prior to registering for a customer account. After registering for a customer account, the information can be corrected under “My Account” under “Login Details” and “Payment Data”. During the process of obtaining a Premium Membership, input errors can be corrected by pressing the “forward and back buttons” in the web browser and then by entering correct information in the relevant fields.
    4. JobLeads confirms the previously concluded contract with the Candidate by sending an automated email. This email will contain the content of the contract again (in particular information about the selected membership, payment methods, total amount, information concerning these General Terms and Conditions and the right of withdrawal) and can be saved and printed using the corresponding functions in your email program or the web browser. The contract text and these General Terms and Conditions are not saved on a customer-specific basis. You can, however, access the most important information about your contract (term, price, information about termination) under “My Account” under “Membership”. The General Terms and Conditions can also be accessed on JobLeads’ website and printed and saved using the corresponding web browser functions.
  10. Term and Termination of Free Membership
    1. Both parties have the right to terminate the contract for free membership at any time. Ordinary termination by JobLeads becomes effective three days after receipt of termination notice, with terminations by the Candidates taking effect immediately after receipt of termination notice. If the Candidate desires to terminate the contract, a written notification sent to JobLeads, an email sent to service@jobleads.com, or the deletion of the profile are sufficient.
    2. The right to extraordinary termination remains unaffected. There is a right to extraordinary termination if
      • the Candidate intentionally provides false information upon registration or ordering and/or during a later amendment to the Candidate’s data
      • or repeatedly violates these General Terms and Conditions
      • and JobLeads has previously and fruitlessly warned the Candidate about this.
    3. JobLeads may take action within the period set pursuant to Clause 6.1.
  11. Term and Termination of Premium Membership
    1. Premium Membership is concluded for the term agreed upon with JobLeads. The term is extended as agreed upon during the conclusion of the contract, but for a maximum duration of one year, if neither of the parties promptly terminates the contract beforehand as per the contractual agreements.
    2. Termination is only effective if in writing (e.g. letter, fax or email). In order for the termination to be properly allocated to the Candidate, the termination notice should include the Candidate’s information, which is presented in a clearly identifiable manner (e.g. the email address registered with JobLeads). The termination notice should be addressed to:

      Via mail:
      JobLeads GmbH
      Großer Burstah 36-38
      20457 Hamburg
      Germany


      Via fax:
      Fax number:

      Via email:
      service@jobleads.com
    3. The right to extraordinary termination remains unaffected. There is a right to extraordinary termination if
      • the Candidate intentionally provides false information upon registration or ordering and/or during a later amendment to the Candidate’s data
      • or repeatedly violates these General Terms and Conditions
      • and JobLeads has previously and fruitlessly warned the Candidate about this.
    4. JobLeads may take action within the period set pursuant to Clause 6.1.
  12. Payment Conditions for Candidates
    1. The payment of fees due for a Premium Membership must be made to JobLeads in advance without any deductions. The fee is automatically charged to or transferred from the Candidate’s account, PayPal account or credit card. The payment interval depends on the agreement that was made when the Premium Membership was concluded.
    2. By registering for the Premium Membership and entering the corresponding bank details, PayPal account details or the credit card details, the Candidate provides JobLeads with a mandate, until such a mandate is withdrawn, for the direct debiting of the Candidate’s account or charging of the Candidate’s credit card, at the contractually agreed-upon payment intervals, insofar as a transfer of payment was agreed upon.
  13. Candidate Obligations
    1. The Candidate shall not include commercial advertising in the Candidate’s profile that is for the commercial benefit of the Candidate or for that of third parties (e.g. other websites or service telephone numbers).  
    2. Photos that are submitted to JobLeads for publication in a profile must be up-to-date and allow the relevant User to be identified.
    3. Candidates make applications freely and are not subject to any advice, influence or instructions by JobLeads. In this respect, JobLeads does not assume any responsibility or liability towards third parties.
  14. Cancellation Policy for Consumers

    Right of Withdrawal

    You are entitled to withdraw from this contract within fourteen days without providing justification.

    The withdrawal period is 14 days from the day on which the contract was concluded.

    To exercise your right of withdraw, you must notify us (JobLeads GmbH, Großer Burstah 36-38, 20457 Hamburg, tel.: , fax: , service@jobleads.com) of your decision to withdraw from this contract by means of an unambiguous declaration (e.g. a letter sent by post, fax or email). You can use the Standard Withdrawal Form available here if you wish.

    In order to observe the withdrawal period, it is sufficient for you to send notification that you are exercising your right of withdrawal before the expiration of the withdrawal period.

    Consequences of Withdrawal

    If your withdraw from this contract, we shall refund any payments received from you, including the shipping costs (with the exception of additional costs resulting from your choice of a different shipping method than the most economical standard delivery method offered by us) immediately and no later than fourteen days from the date of receipt of your withdrawal notice. For the refund, we shall use the same means of payment that you used for the initial transaction, unless explicitly agreed otherwise with you; under no circumstances will you be charged fees for this refund.

    If you requested that service commence during the withdrawal period, then you must pay us a reasonable amount which corresponds to the proportion of the services already provided in relation to the full scope of the services covered in the contract by the date on which you notify us of your exercising of your right of withdrawal in respect of this contract.

  15. Additional Provisions for Recruiters
  16. Publication of job advertisements and use of the Candidate database
    1. The use of the JobLeads platform as a Recruiter is only permitted for companies and headhunters when exercising their commercial or independent professional activity and is only possible once a paid User Contract has been concluded with JobLeads. The use of the JobLeads platform for a purpose other than the purpose of initiating a service or employment relationship in relation to vacant positions that are actually available is not permitted.
    2. The JobLeads platform allows for the termination and changing of a profile. The Recruiter can add, amend, deactivate or delete job advertisements placed in the jobs database as per their User Contract. Recruiters also have the option to communicate with Candidates via the Candidate database.
    3. The fees for placing job advertisements and the use of the Candidate database are agreed upon in the relevant User Contract.
    4. The JobLeads platform offers the option for the Recruiter to create and publish job advertisements, which are subject to a charge.
    5. The job advertisement must satisfy the following criteria:
      • The position to be filled must be a permanent position that requires academic qualifications or equivalent professional experience. Positions for interim or temporary positions or self-employed positions cannot be published.
      • Only information that is accurate may be published in the job advertisement.
    6. JobLeads reserves the right to not publish job advertisements due to their content, origin or technical form, or to block or delete them following publication (cf. Clause 6.1). This applies in particular if the content of the advertisement violates legal or official bans, is abusive or immoral, or violates the General Equality Act, or the publication of the advertisement is unreasonable for JobLeads for other reasons. In particular, a violation is also present if the content of the job advertisement does not exclusively serve to initiate a specific service or employment relationship.
    7. The Recruiter guarantees that the Recruiter shall observe all provisions of data and privacy law. The Recruiter bears sole responsibility for the content of the documents, which contain text and images and which were provided for the placing of the job advertisement, and the Recruiter is responsible, in particular, for the accuracy and legal permissibility of said content. JobLeads is not obliged to inspect advertisements for any possible violation of third-party rights. In the case a breach of duty attributable to the Recruiter, the Recruiter shall indemnify and hold harmless JobLeads from third-party claims that arise against JobLeads from the execution of the contract.
    8. The Recruiter is responsible for using flawless, suitable advertisement materials. Delays that arise as a result of the content of the text of the advertisement provided by the Recruiter for publication, regardless of whether they are a result of the content or a technical issue, are not the fault of JobLeads.
    9. The advertisements are published on the JobLeads website and on the platforms of partners with whom JobLeads cooperates.
    10. JobLeads may use the job advertisements placed on JobLeads by Recruiters outside of the JobLeads platform. This allows JobLeads to forward job advertisements to external partners (e.g. affiliate networks, affiliates, search engines or traffic partners) in whole or in part in order to increase the possibility of the job advertisement being accessed. JobLeads may still publish the job advertisements in print media or online at its own discretion or allow publication by third parties, which do not have a link to the job advertisements on the JobLeads platform, in order to advertise the attractiveness of the job advertisement or the JobLeads platform. These are additional and voluntary services offered by JobLeads, for which the Recruiter is not charged any additional costs.
    11. The Recruiter should note that, based on the current state of technology, it cannot be entirely ruled out that advertisements placed on the websites of JobLeads can also be copied by other Internet providers, linked and/or additionally published with the help of frames, disguised as their own content.
    12. Documents provided by the Recruiter for advertisement creation must only be returned to the Recruiter upon the Recruiter’s particular request. The storage obligation ends three months after the end of the advertisement contract.
    13. JobLeads may continue to use the job advertisements for the purposes of the JobLeads platform (e.g. directory of job advertisements) after the end of the job advertisement or after filling the vacant position, whereby the current status of the advertisement will be indicated. JobLeads may continue using the advertisements for marketing purposes to advertise the JobLeads platform. Such reuse is not permitted, however, if the Recruiter objects to it.
    14. Access to the Candidate database by companies who are competitors of JobLeads is impermissible if access is granted for the purpose of advertising to Candidates or customers. The Recruiter shall pay an appropriate contractual penalty defined by JobLeads up to a maximum amount of EUR 7,500.00 for each culpable violation of the above ban; the Recruiter can have the appropriateness of the contractual penalty judicially reviewed. Contractual penalties imposed by the Recruiter can be taken into account in any claim for compensation, but are not dependent thereupon. Further claims by the Recruiter and by JobLeads remain otherwise unaffected.
  17. Recruiter Obligations
    1. The Recruiter shall not advertise for services that go beyond the specific job placement either in profiles or when sending communications to Candidates (e.g. other websites or service telephone numbers).
    2. The forwarding of personal or advertising-related data to persons outside of the JobLeads platform is only permitted with the separate consent of JobLeads, provided that this is not required to execute the User Contract. In particular, it is forbidden to improperly provide third parties with the profiles of Candidates without the prior consent of JobLeads, even if this takes place in anonymized form. The Recruiter shall pay an appropriate contractual penalty, which is defined by JobLeads, of up to a maximum amount of EUR 7,500.00 for each culpable violation of the ban in Sentence 2; however, the Recruiter may have the appropriateness of the contractual penalty judicially reviewed. Contractual penalties imposed by the Recruiter can be taken into account in any claim for compensation, but are not dependent thereupon. Further claims by the Recruiter and by JobLeads remain otherwise unaffected.
  18. Term and Termination for Recruiters
    1. The contract between JobLeads and the Recruiter is concluded for the agreed duration. The term of contracts with Recruiters is extended by the period of the initial term if the contract is not terminated promptly and in line with contractual agreements by one of the parties before the expiry of the term.
    2. Termination is only effective when it takes place in writing (e.g. letter, fax). Termination in text form is only permitted if the contract with the Recruiter is not entered into in writing and signed by hand. In order for the termination to be properly allocated to the Candidate, the termination notice should include the Candidate’s information, which is presented in a clearly identifiable manner (e.g. the email address registered with JobLeads). The termination notice should be addressed to:

      Via mail:
      JobLeads GmbH
      Großer Burstah 36-38
      20457 Hamburg
      Germany


      Via fax:
      Fax number:
    3. The right to extraordinary termination remains unaffected. There is a right to extraordinary termination if
      • the Recruiter intentionally provides false information upon registration or ordering and/or during a later amendment to the Recruiter’s data
      • or repeatedly violates these General Terms and Conditions  
      • and JobLeads has previously and fruitlessly warned the Recruiter about this.
    4. JobLeads may take action within the period set pursuant to Clause 6.1.
End of the General Terms and Conditions (version: March 2017)
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