Status: Januar 2023
1. Scope
1.1 These Terms and Conditions (hereinafter referred to as “T&Cs”) apply to the legal relationship (hereinafter referred to as “Agreement”) between SPOBIS GmbH, Theodorstraße 42-90 (Building 11), 22761 Hamburg (“SPOBIS”) and customers (“Customer”) regarding the publication of job postings and other promotional content (“Customer Content”) by SPOBIS online through the SPOBIS job portal “SPOBIS Jobs” (“Portal”).
1.2 Any terms and conditions of the Customer that deviate from these T&Cs are invalid. Their inclusion in the Agreement is expressly rejected.
1.3 SPOBIS will only accept orders from a natural or legal person or a legally competent partnership acting in the exercise of its commercial or independent professional activity under § 14 of the German Civil Code (BGB) (“Entrepreneur”) at the time of concluding the Agreement.
2. Contract Formation, Term, and Termination
2.1 The Customer may place an order through the online form on the Portal. The Agreement is concluded upon SPOBIS's acceptance of the order, confirmed by order confirmation to the Customer or, at the latest, upon execution of the order.
2.2 By opting in, these T&Cs become an integral part of the Agreement concerning the publication of Customer Content on the Portal in the selected format (“Contract Services”). The Agreement is concluded exclusively in German.
2.3 Before submitting the offer via the online order form, the Customer can identify and correct input errors by reviewing the data entered and displayed or using the browser’s zoom function.
2.4 SPOBIS reserves the right, at its reasonable discretion, to reject orders, in whole or in part, based on content, origin, infringement of third-party rights, or technical format. This particularly applies if the content violates legal or regulatory requirements or if fulfilling the order is unreasonable for SPOBIS.
2.5 The Agreement and the display of Customer Content on the Portal end automatically with the expiration of the agreed term (“Term”) without any further declaration required.
2.6 The Customer may terminate the Agreement unilaterally in writing or prematurely remove Customer Content, which does not affect any payment obligations.
2.7 The right of both parties to terminate for good cause remains unaffected.
2.8 The contract language is German.
3. Fees, Additional Services, and Costs
3.1 If the Contract Services are not explicitly marked as subject to a charge, they are provided free of charge.
3.2 If a fee is agreed upon under the Agreement for the Contract Services (“Fees”), payment is due upon the conclusion of the Agreement. The Customer will receive an invoice accordingly.
3.3 Only the Contract Services are contractually owed and covered by the Fees. Additional services (e.g., advice and assistance in creating Customer Content) are not part of the Agreement and must be compensated separately upon agreement.
3.4 The Customer is responsible for all costs incurred in creating and using the Customer Content, including any license fees.
3.5 All prices are subject to applicable VAT.
3.6 SPOBIS's entitlement to Fees remains unaffected by the Customer's (partial or complete) non-utilization of the Contract Services unless the non-utilization is due to circumstances attributable to SPOBIS.
4. Implementation Provisions and Customer Obligations
4.1 As the operator of the Portal, SPOBIS determines all aspects related to the Portal at its discretion, including the positioning/category of Customer Content. SPOBIS may change the design or functionality of the Portal at any time.
4.2 The Customer acknowledges that publishing Customer Content by SPOBIS is only possible after receiving all required text, layouts, and information within a reasonable implementation period.
4.3 The Customer is solely responsible for its Customer Content and ensures compliance with the following requirements:
4.4 SPOBIS may refuse or remove Customer Content that violates 4.3. The Customer remains liable for payment and may utilize the remaining term for compliant Customer Content.
4.5 The Customer ensures no disruptions arise from their sphere affecting the Portal, particularly regarding malware.
5. Usage Rights
The Customer grants SPOBIS all necessary usage rights for fulfilling the Agreement. This includes the right to make Customer Content available online through all digital or analog transmission and retrieval technologies.
6. Confidentiality, References, and Data Protection
6.1 SPOBIS and the Customer agree to treat all confidential information disclosed before or during contract performance strictly confidentially.
6.2 Confidential information is protected to prevent unauthorized third-party access.
6.3 SPOBIS may name the Customer as a reference using the company’s name and/or logo.
6.4 Where SPOBIS processes personal data, the Privacy Policy, available at https://www.spobis.com/datenschutzerklaerung, applies.
7. Rights Concerning the Portal
7.1 The Portal and all rights therein remain the exclusive property of SPOBIS, including copyrights, patents, trademarks, and database rights.
7.2 Unless expressly agreed otherwise, all Customer Content remains the property of the Customer.
8. Warranty
8.1 SPOBIS strives to keep access to published Customer Content available as consistently as possible but recognizes that uninterrupted availability is not feasible.
8.2 Customer warranty claims are governed by law, as modified by this section.
8.3 SPOBIS is not liable for minor impairments.
8.4 For significant impairments, SPOBIS may extend the publication of Customer Content.
8.5 The Customer must review the publication promptly and report any defects immediately.
9. Liability
9.1 SPOBIS is liable, regardless of the legal basis, only under the following conditions:
9.2 SPOBIS retains the right to contributory negligence.
9.3 The exclusions do not apply to cases of fraudulent concealment, guarantees, product liability, or injury to life, body, or health.
9.4 The liability exclusions also apply to personal liability of employees and agents.
10. Final Provisions
10.1 SPOBIS may transfer its rights and obligations under this Agreement without Customer consent to affiliated companies, informing the Customer beforehand.
10.2 Customer rights from the Agreement are non-transferable without written SPOBIS approval.
10.3 The Customer may offset only with undisputed or legally established claims.
10.4 Unless agreed otherwise, rights of use for third-party content require prior SPOBIS approval.
10.5 Amendments to the Agreement must be made in writing, except for individual agreements.
10.6 Should any provision of these T&Cs be invalid, the remaining provisions remain effective.
10.7 German law applies, excluding the UN Sales Law. The exclusive place of jurisdiction is the seat of SPOBIS.