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GENERAL TERMS AND CONDITIONS

attractive-employers.com is an economically independent, private-legally organized enterprise with seat in D-74321 Bietigheim Bissingen. The range of services offered by attractive-employers.com (hereinafter referred to as "AA") is explained to users and customers of the digital platform on the Internet at www.attraktive-arbeitgeber.com, www.attractive-employers.com and, if applicable, other domains and is made available under the following conditions (hereinafter referred to as "GTC"). The relationship between the parties is not conclusively regulated by these GTC. Further rights and obligations of the parties may remain unaffected, for example in connection with consulting services. AA contradicts the validity of any general terms and conditions of users. If so, such terms and conditions may only become part of this Agreement if AA gives its express written consent thereto. AA is committed to data protection. These GTC also apply if the use or access to the offer is made from outside the Federal Republic of Germany.

  1. Users of the digital platform attractive-employers.com are registered talents, experts, employers and non-registered visitors. A user is any natural or legal person who has successfully registered with AA and meets the registration requirements. By registering or using the platform for the first time, the user declares that he has read and accepts the General Terms and Conditions and Data Protection Information.
     

  2. A talent is a natural person who has successfully registered with AA and met the registration requirements. This includes that the talent has not used aliases or taken any other action to conceal its true identity or contact information. By registering, the talent confirms its age of majority and legal capacity.
     
  3. By registering, the employer creates personalized access data that is intended exclusively for use by the authorized contact persons in the company.
     
  4. An expert uses the platform exclusively in the context of his commercial, independent activity and is therefore not a consumer in the sense of §13 BGB. The expert is responsible for his own marketing via attractive-employers.com. In addition, he can request active marketing by the AA team. In this case AA offers an individual supplementary agreement to these general terms and conditions.
  5. A talent scout is a registered user who recruits interested talents so that they can register themselves voluntarily and on their own responsibility as talent on attractive-employers.com .
  1. In order to use all AA services, you must first agree to these terms and conditions. You may not use AA unless you accept these terms. You acknowledge and agree that AA will treat your use of the Services as acceptance of the TOS from that date.
     
  2. AA offers information, services and assistance for getting to know contacts.
     
  3. AA offers a platform to bring users together for the exchange of ideas, for communication among each other and provides the technical device on the Internet that enables the establishment and maintenance of contacts. AA does not automatically and unsolicitedly become a partner of corresponding contracts between users.

  4. Any use for any other purpose, in particular the commercial evaluation and exploitation of information, is prohibited. Any use or processing of the determined data is otherwise only permitted under the conditions of the legal provisions, in particular the Federal Data Protection Act. In particular, the download of address data is not permitted. We also draw your attention to the copyright, trademark and identification protection of all entries on our websites.

  5. AA is entitled to commission third party service providers and vicarious agents as well as cooperation partners to provide parts or the entire range of services, insofar as this does not result in any disadvantages for the user. As a registered user, you agree to be contacted by a cooperation partner for the purpose of information and support. Contact can be made in writing by e-mail, by telephone or in a personal conversation.

  6. AA has the right at any time to change, extend, restrict or discontinue the content of the website.

    As the holder of an AA user account, you may submit video material and text annotations. You acknowledge that AA does not guarantee confidentiality with respect to any User Submissions, whether or not such User Submissions are published.

    You agree not to use any automated system (including, but not limited to, any robot, spider or offline reader) that accesses the Websites in such a way that within a certain time period more requests are directed to AA's servers than a human could reasonably produce within the same time period using a publicly available, non-modified standard web browser.

    AA allows public search engine operators to use spiders to copy material from the Site for the sole purpose of creating publicly accessible and searchable directories of such material, but not for the creation of cached memories or archives of such material. AA reserves the right to revoke such permission generally or in individual cases.

  1. Entrance
    The creation of a profile on AA requires an effective registration using a personal password and a user name chosen by the user. Registration takes place online and is confirmed electronically by e-mail with an AA authentication. The user can edit his profile data online as required and update his personal password on his own responsibility. Information provided during registration must be true. Talents receive free access. For employers and experts, access is subject to a fee.
     

  2. As employer or expert you name a binding contact person who is available as account holder and contact person; in addition a deputy regulation can be made. If the contact person leaves the company, the company is obliged to announce the new contact person AA in good time.
     
  3. Voluntariness
    There is no entitlement to registration. AA has the right to refuse a registration without giving reasons and, if registration has taken place, to revoke it at any time without notice, to block access, in particular due to incorrect information during registration and if the AA system is used unlawfully by the user. The data will be recorded and stored electronically. The user also agrees that his profile and all other data provided may be processed automatically and published worldwide via AA.
  1. General information
    a.  The user has the right to cancel his membership at any time.
    b.  The user may not help a third party whose access has been deleted to gain access to AA via his account or event.
    c.  A termination must be made online logged in via the membership.
    d.  After termination of the membership, all contents of the user will be deleted by AA, as far as this is permissible according to the legal regulations.
     
  2. Term of a contract
    The contract on the use of the platform begins with the successful registration. The term is unlimited. The notice period for paid access for employers and experts is 2 months before the end of the respective 12-month contract period.
     
  3. Extension of the fee-based user authorization
    The contract for use as an employer and expert, with an annual fee, is automatically renewed for another year if it is not terminated 2 months before expiry.
  1. An annual basic fee is charged to an employer and an expert for access to the platform. AA reserves the right to change this condition at its reasonable discretion in accordance with § 315 BGB (German Civil Code). AA will inform in due time, at least six (6) weeks before the end of the respective 12-month contract period, about an impending change.
     
  2. Recruiting Digital - Active Sourcing
    If a talent is hired or commissioned, a one-time fee is payable to AA. This is currently 3,000 euros net per talent placement in Germany. A current overview of the placement fee in AA active countries is displayed online.
     
  3. Innovative outplacement / talent recommendation
    Talents who are anonymously presented on the platform by their employers/ HR experts with their consent. A condition associated with this must be clarified directly with the respective employer/ HR expert. AA is not a contractual partner here.
     
  4. Complementary consulting services from AA-Team
    On request, the AA team is also available on site with advice and assistance. For our service we charge a service fee from 120,- Euro net per hour plus travel costs.

The right of termination may be exercised by either Party. In addition to the statutory provisions, AA can also terminate the contract without notice if this is regulated below.

AA is entitled to exclude the AA user in the event of violation of the "use of access data" and thus to terminate the contract extraordinarily and immediately. The following (de-)escalation procedure will take place in case of suspicion of violation of the rules or general misuse of the AA:

  1. Warning by AA or its authorised representative.
  2. if the warning was justified or the user has not objected to it in writing within 2 weeks and the user again violates these rules, the contract can be terminated without notice.
  3. If the user denies the right to extraordinary termination, legal recourse prior to the initiation of arbitration proceedings (mediator) is excluded.

In the event of a justified exclusion (termination), the excluded user shall bear all costs of the escalation proceedings (arbitration/court), including a lump sum of € 3,000 net for AA as a lump sum compensation or contractual penalty.

AA is entitled to dissolve the AA platform and thus to terminate all users extraordinarily and immediately. If the operation of the platform is terminated before the expiration of the existing contracts, the fees will be refunded pro rata for the months that have elapsed.

AA is entitled to the extraordinary termination of a user if the user does not comply with his payment obligation despite a reminder. The user is entitled to the statutory special termination rights.

AA also has an extraordinary right of termination if the member:

  • provided untruthful information during his registration,
  • intentionally or grossly negligently harmed the reputation of AA or registered members,
  • in expert status: justified, serious objections of a customer to the processing of an order.

The right to extraordinary termination for good cause in accordance with § 626 BGB remains unaffected.

No fees paid will be refunded after termination and exclusion if an extraordinary termination was justified by AA. The user shall continue to be obliged to pay any fees not paid after justified extraordinary termination by AA.

  1. AA shall only be liable if AA or a vicarious agent violates an essential contractual obligation, i.e. a cardinal obligation, in a manner that endangers the purpose of the contract or if the damage is attributable to gross negligence or intent on the part of AA or a vicarious agent. If a culpable breach of a (cardinal obligation) is not due to gross negligence or intent, AA's liability shall be limited to such typical damages as were reasonably foreseeable at the time the contract was concluded. The liability due to mandatory legal regulations, contractual agreements or assurances as well as due to personal injury and its consequences shall remain unaffected. Compensation for indirect damages, in particular compensation for lost profits, is excluded.
     
  2. The user is responsible for all actions taken via his account or for content posted via it (e.g. integration of videos, company presentation content in connection with "news", etc.), regardless of whether it has acted itself or another person. A general examination of contents by AA does not take place. In particular, AA is not liable for the fact that the contents posted by the user are free of third-party rights.
     
  3. The user is obliged to inform AA immediately of any misuse of his password or account as well as of any other misuse. The user must ensure that he has left his account after each use through the logout process provided by the system. Any liability is excluded if this obligation is violated.
     
  4. AA does not guarantee the uninterrupted availability of the digital offer or data and may restrict access to or availability of the offer in freely definable periods of time, e.g. to carry out technical work.

    These GTC leave unaffected all statutory rights to which every consumer is entitled and which cannot be contractually changed or cancelled. AA's digital services are provided "as is" and AA makes no warranty or guarantee with respect to them. In particular, AA does not warrant or guarantee that:
    ›  Your use of the services satisfies your expectations,
    ›  Your use of the services is not interrupted, timely, secure and error-free,
    ›  any information you receive as a result of using the Services is accurate, or is reliable, and
    ›  Errors in the operation or functionality of any software that you receive as part of the Services, can be fixed. Other conditions, warranties or other terms are not applicable to the Services. or only applicable to the extent expressly indicated by the GTC.

     

    AA is not liable for:
    › any indirect or consequential damages incurred by you as an AA user. This includes any loss of profits (whether direct or indirect), any loss of goodwill or business reputation and any loss of data suffered by you.
    › any loss or damage you suffer as a result:
    › any trust you have placed in the completeness, accuracy or existence of any Advertising, or as a result of any relationship or business between you and any Advertiser or Sponsor whose Advertising appears on the AA Services;
    › any changes AA makes to the Services, or any permanent or temporary suspension in providing the Services (or any functions within the Services)
    › deletion, damage or storage errors in connection with user transmissions and other communication data received or transmitted during or through your use of the Services;
    › your failure to provide AA with accurate account information;
    › your failure to keep your password or details about your AA account secure and confidential.

    AA's limitations of liability to you shall apply whether or not AA has been advised of or aware of the possibility of such losses occurring.
     
  5. Since AA only provides one platform, content posted by users, sent newsletters or advertisements are not recommendations by AA for third parties or their services. The user is aware that AA has no influence on the use of the information received from him by the users of AA. Liability for the proper use of the data by third parties is therefore limited to cases in which such unlawful use of the data was caused by intent or gross negligence attributable to AA.
     
  6. Users are prohibited from posting content themselves or through third parties that violates legal regulations. Should AA become aware that a user is violating this principle, AA has the authority to block access to the content or to delete the content without being liable for damages.
     
  7. If the user exercises a so-called "liberal profession" and is subject to a special professional law, he is responsible for observing and respecting applicable advertising guidelines and prohibitions in connection with his professional activity and the use of AA.
     
  8. The User undertakes to indemnify AA against any costs and expenses arising from any actions, damages, losses or claims which may arise as a result of a breach of duty in connection with his/her participation in this Service. In particular, the user undertakes to indemnify AA against all liability and against all claims under copyright and competition law as well as other expenses and obligations arising from damages due to defamation, insult, violation of personal rights, loss of services for other users, infringement of intellectual property or other rights.
     
  9. Furthermore, the user undertakes not to misuse the offer, in particular not to register more than one account with AA; not to threaten or harass other persons or infringe the rights (including personal rights) of third parties; not to post any data containing a virus and/or other harmful software or other material; not to send any chain letters or surveys; not to use any machines, algorithms or other automatic functions to generate page views, content or user recommendations;
     
  10. The user further undertakes not to post any content which: is unobjective, intentionally untrue, defamatory, derogatory, libellous, morally offensive or pornographic or which constitutes any other criminal offence; infringes the rights of third parties, in particular patent rights, copyrights, trademark rights, ancillary copyrights or trademark rights; pursues the purpose of disseminating a political, ideological or religious confession.
     
  11. The user assures that he/she has all rights with regard to the contents posted for publication and grants AA the unlimited right to use and exploit the contents provided. This also includes the right to change, reproduce, transmit, publish and further develop as well as to transfer the rights of use to third parties without claim to remuneration. Any other publication of the contents transferred by the user is permitted.
     
  12. If the User's content infringes the rights of third parties, the User shall, at AA's option and expense, either obtain the right to use the content or design the content free of intellectual property rights. If the use of the services of the AA Websites by the User infringes the rights of third parties, the User shall immediately cease any use that is contrary to the contract and/or the law upon AA's request.
     
  13. In principle, any user of AA is prohibited from distributing and publicly reproducing any content of the AA Websites or any other user without the prior consent of AA. Furthermore, any action that could impair the functionality of the AA infrastructure, in particular overloading it, is prohibited.
     
  14. The user is not permitted to transfer the AA platform or software in whole or in part to third parties neither against payment nor free of charge and also not on loan. He shall also take effective precautions on his own responsibility to prevent third parties from gaining unauthorised access to his AA account and other AA tools made available to him.
     
  15. The User agrees to indemnify AA and its affiliates, management and employees against any financial loss, liability, claim, damage, or expense (including attorneys' fees) arising out of any claim by any third party arising out of its use of the Service in violation of this Agreement. AA reserves the right to immediately close any account that appears to be sending or associated with junk mail, spam, chain letters or unsolicited (commercial) bulk email.
     
  16. Each email message sent from AA must contain a "Unsubscribe" link that allows recipients to unsubscribe from the user's distribution list. The user agrees not to delete, disable or attempt to remove this link.
     
  17. AA may use the information you upload to improve our offerings and/or to communicate with you personally.
     
  18. Promotion of marketing and sales
    AA receives the right to independently carry out marketing measures to promote the platform. This includes presentation under the URLs www.attractive-employers.com and associated domains, newsletters, advertisements in print and online media, press releases and editorial contributions, publication of user profiles in print and online publications. The user's name, logo, company symbol, brand or other business designation may be used in this context without restriction and worldwide for the duration of the contract.


    Use of the AA signet as an advertising medium
    AA allows the user to use the AA-Signet free of charge within the scope of his marketing and communication measures until revoked. This can be displayed worldwide without restriction for the duration of the contract. This permission does not imply any waiver or transfer of trademarks or copyrights from AA to third parties. AA remains the property of its legally acquired rights..

  19. Claims for damages by AA users against each other
    Registration on the AA platform does not constitute any joint business activity for the purpose of generating profits, company, firm or partnership. Claims for damages between users are excluded unless they are based on intent or gross negligence. This also applies to claims for compensation for indirect damages.
     
  20. Cooperation with experts: Users are free to agree and implement projects directly with experts. Users and experts negotiate independently and without any influence from AA. A contract for desired services or products is always and exclusively concluded between customer and expert. AA is not a party within its contract. AA has no warranty obligations.
     
  21. Events
    a. Visit events
    AA only publishes event dates and information about them. AA neither acts as an organizer nor as a co-organizer. Registrations, possible terms of payment, regulations in case of cancellation/changes of events are to be clarified directly with the respective organiser.


    b. Invite to your own events
    AA gives selected users the opportunity to advertise their own events on the platform via existing websites and communication channels. Users can suggest planned dates to AA. AA decides if recommended dates and event programs are supported due to their relevance and if invitations are sent to desired platform users.
    The user agrees that photos, videos or other documentation with or about himself may be published by AA in public, in particular online at www.attractive-employers.com.

  22. Talent scouting
    AA is not responsible for obtaining or assisting in obtaining work or other permits and/or complying with medical and other country-specific regulations and requirements necessary to employ the talent.
  1. All registered users can recommend new talents and be a talent scout.
    AA provides the communication platform for employers and talents to connect with each other. However, under no circumstances does AA guarantee or warrant, or otherwise undertake any obligation, that the talent or company will find a suitable employment or talent through AA.
     
  2. For talent: Duty to notify when hired
    The Talent undertakes to inform AA in writing (by e-mail) as soon as possible, but at the latest within five (5) working days, if it has been hired or otherwise engaged by a company ("Hiring"). AA may contact the Talent to request status updates regarding ongoing negotiations.

    Recruitment means: any type of employment, temporary employment, assignment or other use of the Talent by the Company or any of its subsidiaries as defined in Section 15 et seq. of the German Stock Corporation Act (AktG). AktG with the enterprise affiliated with the enterprise.

    Talent agrees that its employer may disclose relevant details of its contract to AA. This includes in particular the date of signing the contract and the date of the first working day with his new employer.

    The talent is required to submit the signed agreement to AA as proof of the conclusion of the contract.
     

  3. For Talentscouts: Receiving a bonus
    The user can refer a friend as a talent scout. If the friend registers with AA and is successfully placed in a job, the talent is entitled to a referral bonus (see online country-specific price list).The recommendation must be made via the recommendation function, which is provided in a linked tracking link. A recommendation is valid for a period of 12 months. During this period, no other talent scout may recommend the same friend again. AA will credit the referral bonus to the Talentscout within four (4) weeks after the start of signing the contract.
     

  4. For employers
    a. Setting / payment of the bonus
    The employer undertakes to inform AA in writing (by e-mail) as soon as possible, at the latest 5 working days, if he has hired or otherwise engaged a recommended talent ("hiring"). The notification must include the date of signing of the contract. AA is entitled to contact the employer to request status updates regarding ongoing negotiations.

    Recruitment means any type of employment, temporary employment, assignment or other use of the talent by the Company or one of its subsidiaries within the meaning of § 15 et seq. of the German Stock Corporation Act (AktG). AktG with the enterprise affiliated with the enterprise.

    If the talent is hired, AA receives a commission (see country-specific price list online). The commission is due upon signing of the contract between employer and talent. The commission is paid once, not in instalments, to AA's known account.


    b. No bypass
    The employer expressly agrees to refrain from contacting the talent scout associated with the talent to be hired, whether directly or through third parties, in particular recruiters.

    Any direct or indirect business relationship between the company and the talent must either involve AA as an intermediary or require AA's prior written consent.

    The Company is personally responsible for complying with this commitment and may not use any means to circumvent this commitment.

    Failure to comply with this clause will result in a penalty which AA may determine at its reasonable discretion, subject to review by an independent court at AA's principal place of business. The contractual penalty should not be less than five times the financial loss caused by the tort, but should not be less than EUR 25 000.

    This does not exclude the liability for damages.

    This rule does not apply if the company can prove that it has entered into a business relationship with the talent prior to the placement of the talent via attractive-employers.com.

  1. Contracts with AA and its amendments must be in writing. There are no subsidiary agreements. The validity of any general terms and conditions of users is fundamentally excluded.
     
  2. AA reserves the right to amend these GTC at any time and without giving reasons, unless this is unreasonable for the user. AA will notify users of any changes to these GTC in good time by e-mail. The prerequisite for this is that the user has a valid, functioning e-mail address and can be contacted at any time. Instead of enclosing the complete text, a reference to the address www.attractive-employers.com /gtc.html on the Internet, where the new version can be accessed, is sufficient. Within the framework of the conclusion of the contract, AA does not automatically store the text of the contract. The user is therefore obliged to save the contract text (GTC) on his hard disk or to archive it in another way, which is valid at the time of the conclusion of the contract and accessible on the AA website.

    If the User does not object to the validity of the new GTC within six (6) weeks after notification, the amended GTC shall be deemed to have been accepted by the User. AA will inform the user or in the notification about his right of objection and the meaning of the objection period.

    The User acknowledges and agrees that AA will treat its use as acceptance of the amended GTC if it continues to use AA's services after the date on which the GTC have changed. The User should regularly check the GTC for changes.

  3. AA shall be entitled to assign its rights and obligations under this Agreement in whole or in part to third parties, an external company, in particular if AA decides that another company shall assume responsibility and provide the AA Service in its entirety. AA shall be entitled to operate the AA Service under a new legal form.
     
  4. Deviating terms and conditions of the user will not be accepted.
     
  5. Should one or more provisions of these terms and conditions be invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced retroactively by a provision that is as similar as possible in content and comes closest to the intended purpose of the invalid provision. The German version of these GTC is authoritative.
     
  6. Place of performance is the registered office of AA
     
  7. Place of jurisdiction is, as far as legally admissible, the registered office of AA.
     
  8. German law shall apply to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods adopted into German law.

For reasons of appropriate reading flow, the female and male forms are not mentioned.
This is in no way intended to discriminate. The use of the masculine in terms such as "user" always includes the user.


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Last update: 01.06.2019