General Terms and Conditions
- General information
These General Terms and Conditions supplement the Terms and Conditions of Use and apply to all contracts with employers or other job providers (hereinafter referred to as “CLIENT”) on the placement of job advertisements. These General Terms and Conditions do not apply to contracts with consumers.
EquiJob enables the CLIENT to post job offers on the portal for a fee.
EquiJob explicitly points out that job seekers are exclusively responsible for the content of applications. EquiJob is also not involved in a possible conclusion of an employment contract, but only provides the technical framework for establishing contact between CLIENT and the job seeker.
Unless otherwise agreed, job advertisements will be activated immediately. EquiJob reserves the right to postpone the activation for technical or other reasons, provided they are not unreasonable for the CLIENT.
- Conclusion of a contract
The CLIENT, who has already agreed to the separate Terms and Conditions of Use within the scope of registration, may conclude a contract with EquiJob for the placement of job advertisements, which is subject to a fee. The CLIENT may choose between different products and product variants.
Several vacancies of the same type (e.g. several jobs for grooms) can be advertised in one job advertisement. It is not possible to advertise several different vacancies in one job advertisement.
Before completing the order process, the CLIENT accepts these General Terms and Conditions.
The CLIENT receives an e-mail from EquiJob confirming the advertisement contract as well as a request for payment (invoice). With this confirmation, a contract for the placement of advertisements is concluded between EquiJob and the respective CLIENT.
- Obligations of the CLIENT and indemnification
The CLIENT is solely responsible for the content, correctness and legal admissibility of the advertisements and the texts and image documents provided. EquiJob is not obliged to check the advertisement for impairment of the rights of third parties, but reserves the right not to publish or delete advertisements that violate these General Terms and Conditions or statutory provisions.
Each CLIENT agrees not to use the portal’s offer to publish advertisements or to transmit messages, which
- are immoral, pornographic, racist or otherwise offensive in any way,
- are unobjective or intentionally untrue,
- violate the rights of third parties, in particular copyrights,
- otherwise violate any applicable law or constitute a criminal offence,
- surveys or chain letters or camouflaged advertising, or
- serve the purpose of collecting and/or using personal data of applicants for purposes other than filling the advertised position.
The CLIENT is liable for the fact that he or she uses objects, pictures, word and design marks only if he or she himself is the owner of these rights or has the right holder’s permission to use the trademark.
The CLIENT may only place serious job advertisements and job offers with applicable content. The CLIENT may not place any job advertisements and job offers under a false name. It is stipulated that the advertisement orders only refer to the placement of job offers which are directly related to the horse industry.
Every CLIENT is obliged, except where he or she is not at fault, to indemnify, hold harmless and defend EquiJob at their own expense against all claims, actions or lawsuits of third parties against EquiJob or its legal representatives or vicarious agents, as well as against all associated obligations, damages, settlements, penalties, fines, costs or expenses (including but not limited to attorneys’ fees and other reasonable negotiation costs) incurred by EquiJob or its legal representatives or agents as a result of or in connection with a breach by the CLIENT of these Terms and Conditions or of any applicable laws, regulations or requirements in connection with the use of the Website. In such a case, EquiJob shall inform the CLIENT in writing of such claims, actions or lawsuits. The CLIENT shall participate as far as possible in the defence against all claims.
EquiJob reserves the right not to publish advertisements or job offers due to their content, origin, technical form or a violation of the above paragraphs 1-4 of this clause.
In the event that an advertisement violates the above paragraphs 1-4 of this clause, EquiJob shall be entitled to deactivate the advertisement. EquiJob shall endeavour to give the CLIENT the opportunity to correct the advertisement before deactivating it. If this is not possible prior to deactivation, EquiJob shall immediately inform the CLIENT thereof and give the opportunity to correct the error. EquiJob’s remuneration claims shall remain unaffected.
- Remuneration and payment
Prices for the respective products can be found on the website https://equijob.de/en/for-employers/ and will be announced to the CLIENT before conclusion of the advertising contract. The costs are exclusive of the statutory value-added tax (VAT) if applicable.
EquiJob shall send the CLIENT an invoice to the e-mail address specified in the invoice address. In addition, the invoices are stored in the access area of the CLIENT. EquiJob’s invoices are due for payment within 7 days of receipt. If a CLIENT fails to pay the agreed remuneration in due time, EquiJob shall be entitled to deactivate the corresponding advertisement.
If the CLIENT defaults on payment, EquiJob shall be entitled to interest on arrears in the amount of 9 percentage points above the base rate.
Pursuant to § 288 (5) of the German Civil Code (BGB), the Customer is obliged to reimburse EquiJob for reminder charges in the amount of EUR 40.00; these shall be offset against any costs of legal proceedings. We reserve the right to assert further claims for damages caused by late payment.
- Contract duration and termination
The term of the advertising contract for all products is 12 months, unless otherwise agreed. After these 12 months, the respective advertising contract ends automatically.
The right to extraordinary termination remains unaffected. In particular, EquiJob may terminate this advertising contract without notice if:
- a) the CLIENT has repeatedly violated contractual obligations, in particular has not paid fees, unless the violation was only insignificant;
- b) the CLIENT made incorrect, incomplete or abusive statements when concluding the contract and/or when registering; unless the violation was only insignificant.
Notices of termination must always be given in writing by letter, e-mail or fax.
After termination of the contract, the posted job advertisements will be deleted.
Date: 22nd May 2018