academics GmbH (hereinafter referred to as “academics”) provides employers the opportunity on its website and via other channels, for example the job newsletter, to display job advertisements, publish an employer profile and publicise media campaigns (newsletters, banners).
The employer recognises the application of these GTC. The GTC of academics apply exclusively. Any terms and conditions of the employer that contradict or differ from academics’ GTC will not be recognised, unless academics explicitly agrees to their application in writing.
A contract is concluded when academics explicitly accepts the employer’s order, which may be placed either online, through the transmission of an appropriate form by email or fax or by telephone. Acceptance may also be declared by sending a preview link or through the publication of the campaign.
academics provides employers the opportunity to publish job advertisements, create an employer profile and publicise media campaigns (newsletters, banners) (hereinafter referred to collectively as “employer content”). The respective service description below relating to the individual products shall apply on a supplementary basis to the relevant products.
A correction loop is included in the price when booking all products. Any additional correction initiated by the employer shall be subject to a fee.
a) Job advertisements
(1) academics provides employers the opportunity to publish job advertisements. On the one hand, they have the option of booking individual job advertisements (customised or a basic design) and, on the other hand, they can book advertising packages, which can be displayed over a certain period of time.
(2) The display periods, the number of job advertisements and the prices shall be based on academics’ current price list.
(3) The following terms and conditions apply to the job advertisements, their content and their classification:
Ad display time:
b) Employer profile
Employers can book a so-called “employer profile”. In order to create such a profile an appropriate form must be filled in, preferably digitally but otherwise in writing. The necessary information must be specified in the form. academics will use the information from the form as specified. Before the employer profile is activated it will be sent to the employer for approval.
c) Media campaigns
Employers have the option of booking media campaigns, either as newsletter or banner campaigns. After confirmation of the order by academics, the employer must send academics a finished advertisement or, if a banner campaign has been booked, images and text for the advertisement in good time before the agreed publication date.
The employer is responsible for ensuring that its information and content in its job advertisements, employer profile and media campaigns are consistent with all applicable laws and other legal regulations, as well as the relevant provisions of these GTC. In particular, no information or content such as, for example, texts, images, graphics, links or framelinks may be uploaded and/or distributed which violate patent, trademark or labelling rights, copyrights or neighbouring rights, personal rights or other rights of third parties. The employer shall indemnify academics at its first request against all third-party claims asserted against academics due to infringements of their rights or due to rights violations arising from the information and/or content uploaded by the employer. The employer shall also bear the costs incurred in this context of a necessary legal defence, including all attorney costs and court costs.
All information of the employer in job advertisements, in the employer profile and in media campaigns must be accurate. academics does not under any circumstances adopt third-party content as its own.
The employer is prohibited from uploading and/or making publicly available any content or images that depict or glorify violence, is pornographic, discriminatory, racist, offensive, defamatory or otherwise unlawful and/or from having such content or images uploaded and/or made publicly available.
The employer warrants that any images or texts transmitted by it do not infringe any third-party rights. The employer shall indemnify academics in this respect against any third-party claims at its first request. This also applies to any costs associated with legal proceedings.
The employer is prohibited from conducting commercial advertising in profiles for its own or a third party’s benefit. The presentation of the employer in this context is not deemed to constitute advertising. In particular it is prohibited to draw users’ attention within the context of a booked job advertisement to other job advertisements, particularly those uploaded onto the employer’s website.
The use of paid service telephone numbers in the employer profile or in job advertisements is prohibited.
academics provides a support system for filling vacancies. It does not provide a personnel recruitment or consulting service and has no involvement in such a service. academics neither recruits applicants nor is it otherwise involved in the process of applications and filling vacancies.
academics reserves the right not to fulfil orders placed by the employer or to block performance elements already published on the Internet such as, for example, images, texts, logos, graphics and other files, and/or to erase them from the platform insofar as the content to be published violates statutory provisions, official prohibitions, third-party rights, accepted principles of morality or academics’ GTC (“prohibited content”). The same applies insofar as links to websites are installed by order of the employer that lead directly or indirectly to sites containing prohibited content. The employer’s payment obligations remain unaffected by this. academics shall only be obliged to remove such prohibited content within the framework of statutory provisions and at the employer’s request. If legal action is taken against academics due to prohibited content or other legal violations for which the employer is responsible, the employer shall indemnify academics at its first request. Indemnification shall cover the necessary costs associated with legal proceedings.
If the employer violates the provisions of this paragraph, applicable statutory provisions or third-party rights, academics shall have the right to temporarily or permanently block the employer and the content published by it.
academics is entitled to adjust, improve and develop the layout, structure and functions of the website.
academics accepts no responsibility for supplied data material, ad texts or related storage media and, in particular, is not obliged to store them or return them to the employer.
academics is entitled to use the employer data for trend analyses and overviews. However, the respective results will be published anonymously.
If these requirements are not met, the content shall be deemed to be prohibited content with the consequences referred to in sections 5.2 and 9.4.
The employer grants academics a simple transferable right, without any restrictions in terms of territory, to use the logo, trademarks, images, texts and (where applicable) fonts, as well as all uploaded content of the employer, for the purposes of this contract, particularly to duplicate or distribute them, make them publicly available, process them in databases and/or archive them. The archiving right shall continue to be effective after the end of the term of the customer contract for the purposes of reactivating its employer profile and job advertisements in the event a new customer contract is concluded. The employer may object to the archiving at any time after the end of the term of the contract and demand erasure. The employer also grants academics the right to enlarge or downsize its logos and/or convert colour logos to black and white so that they can be appropriately displayed in the employer profile.
The rights referred to in section 6.1 are granted to academics in respect of the individual job advertisements in each case for the duration of the display period of the job advertisements and for a further 36 months (see section 3.a)). The rights to the content of the respective job advertisement subsequently revert to the employer without the need for a rights recall. academics may nonetheless make the core data pertaining to the advertisement (job title, name of the employer, place of work and publication date) publicly available after the end of the contract without limitation in order to offer users of the applications portal the possibility of also subsequently viewing jobs that they have noticed in the past or for which they have applied.
Upon conclusion of the contract, the employer grants academics, for advertising purposes, the right to cite it with respect to third parties as a reference employer and to use logos and trademarks of the employer to this end. The employer may object to such use at any time, for example by sending an email to email@example.com.
Any partial or full transfer of the employer’s rights under the contract with academics to third parties is excluded.
The employer transfers to academics all the ownership rights to databases that it has provided to academics for publication in connection with repeated advertisements. In particular, academics is granted the sole right to assert the economic ownership of its job advertisement database vis-à-vis third parties.
academics shall ensure that its server and those of any service providers it makes use of and/or its service providers are in line with state-of-the-art technology and are secured, in particular through firewalls. However, the employer understands that for all participants there is a risk that transmitted data may be read in the course of transmission.
The employer agrees to academics storing information and data on the performance and reach of the employer content in anonymised form and using it exclusively in said anonymised form for marketing purposes, for example for the creation of statistics and presentations.
academics is entitled during the term of this contract to process and store the data it receives from the employer in connection with the business relationship in compliance with the requirements of applicable data protection laws, as well as to have it processed and stored by any engaged service providers insofar as this is necessary for the purposes of performing the contract. Specifically, the employer agrees, in particular, to academics and/or one of its service providers:
academics shall otherwise treat confidentially all data relating to the employer that the latter designates as confidential and only use it in accordance with these conditions of use. academics reserves the right to deviate from this provision if it is required to disclose data on the basis of statutory or official orders.
The employer warrants with respect to academics and all other users that with regard to the data transferred by it, it has complied with the requirements of data protection laws shall indemnify academics against any claims. In particular, the employer must itself ensure that any necessary consent of employees is obtained before personal data of employees is published, for example as a contact address in the job advertisement.
The fee to be paid to academics shall be based on the type and scope of the booked packages and options. Payments for booked packages shall be due for payment in full upon booking / when the first accepted job advertisement begins. All prices shall be based on academics’ offers effective at the time of booking. All prices are subject to the addition of the applicable statutory VAT. The fee covers all additional costs, such as those pertaining to email, telephone, fax, data transmission costs, postal charges and photocopies to the usual extent. It also covers a correction loop. It does not cover correction and editing costs incurred due to erroneous data delivery. If, due to individual orders, the additional costs exceed the typical amount, academics shall notify the employer of this. The employer shall be obliged to reimburse these further additional costs if it approves them.
The employer shall be invoiced for the payable fee. This shall be settled through Zeitverlag Gerd Bucerius GmbH & Co. KG, Pressehaus Buceriusstraße, Eingang Speersort 1, 20095 Hamburg, as the performing company. academics reserves the right to request an advance payment. In the event of a delay in making payment, academics is entitled to postpone the publication of individual performance elements until payment has been made in full. This shall not apply insofar as the employer is entitled to a right of retention. In the event of a payment using the SEPA direct debit scheme, the employer shall be granted a 2% discount on the invoice amount.
Offsetting with counterclaims of the employer or retaining payments shall only be permitted insofar as the counterclaims are undisputed or have been established with legally binding effect.
The contract shall be concluded for a term specified in the contract. The term shall begin with the publication of the first advertisement, but no later than two months from the placement of the order. After the end of that period, the contract shall terminate automatically without a notice of termination being required.
If the employer fails to use the job advertisements booked in the package by the end of the agreed term of the contract, they shall be forfeit without substitution and without any entitlement to reimbursement.
Both of the parties hereto are entitled to terminate the contract for good cause without observing a notice period. academics considers there to be good cause, in particular, in the event of:
academics is also entitled to terminate the contract by way of extraordinary termination, giving three months’ notice, if the service provider commissioned by academics ceases to provide support for the operation of the website. The receipt of the termination notice letter by the employer shall be decisive as to whether the notice period has been observed. Any payments already made by the employer shall be refunded on a pro rata basis to the extent to which a counter-performance can no longer be rendered due to the premature termination of the contractual relationship by academics.
Any notice of termination must be in writing. Notices of termination sent by fax or email shall be deemed to comply with the requirement of written form.
academics shall be liable for wilful misconduct and gross negligence without limitation, and for minor negligence only in the event of injury to life, limb or health or in the event of a breach of key contractual obligations. Key contractual obligations are deemed to be obligations whose fulfilment makes it possible to correctly perform the contract and achieve its objective in the first place and upon whose fulfilment the employer can therefore generally rely. Liability in the event of a breach of such a key contractual obligation shall be limited to the losses under a typical contract that academics could expect upon conclusion of the contract on the basis of the circumstances known at that time.
academics accepts no liability for disruptions within the supply network for which it is not culpable.
academics shall only be liable for loss of data in accordance with the paragraphs above if such loss would not have been preventable with appropriate data backup measures on the part of the employer.
Liability shall not extend to impairments to the contractual use of the services provided by academics on the website caused by inappropriate or erroneous use thereof by the employer.
The limitations of liability mentioned above also apply analogously to the benefit of academics’ workers, employees, representatives, corporate bodies and vicarious agents.
To the extent that the website enables the forwarding of users to databases, websites, services etc. of third parties, for example through the provision of links or hyperlinks, academics shall be liable neither for the accessibility, existence or security of those databases or services, nor for their content. In particular, academics shall not be liable for their legality or the accuracy, completeness or currency etc. of their content.
The laws of the Federal Republic of Germany apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for any legal disputes is Hamburg.
Should individual provisions of these GTC be or become ineffective and/or be contrary to the statutory provisions, the effectiveness of these GTC shall otherwise not be affected. The ineffective provision shall be replaced by mutual agreement by the contracting parties with a provision that in a legally effective manner comes closest to the commercial purpose of the ineffective provision. The provision above applies analogously to unintended omissions/gaps.
academics shall notify the employer of any amendments to these GTC in writing, by fax or by email. If the employer fails to object to such amendments within six weeks from the receipt of the notification, the amendments shall be deemed to be agreed. In the event an amendment to these GTC, the employer shall be separately informed of its right of objection and the legal consequences of failing to respond.
As at: January 2020
Notice within the meaning of the German Act on Equal Treatment (Gleichbehandlungsgesetz): For reasons related to readability, gender-specific forms are not used herein. In the interests of equal treatment, the relevant terms apply to both genders.