Additional TERMS AND CONDITIONS OF
Meet the Germans (B2B)
Regardless of the language of the terms, the German version is legally binding in case of doubt.
1 Performance & Scope
1.1 klimeck consulting offers commercial users (clients) the opportunity to place advertisements, listings, banners etc. (adverts, advertisements). For the client, only the general and additional terms and conditions of Meet the Germans apply. Deviating terms and conditions of both parties are not part of the contract unless the parties expressly agree in writing to this validity.
1.2 The advertisement contract has come into existence when the client has placed the order and klimeck consulting has confirmed this and/or published the advertisement.
1.3 Electronic confirmations of the order entry do not constitute acceptance of the order yet.
2.1 Commercial users
2.1.1 Access to the website is free. For the access to the booking system, registration is obligatory. Posting an advert can, but need not, be done later.
2.1.2 The posting of advertisements requires the registration of the client as a commercial user on the website. Commercial users are sole proprietorships and partnerships. This can be checked by requesting a business registration or commercial register extract.
2.1.3 Only commercial users, i.e., clients, are able to place adverts in the database.
2.2 Non-commercial users
Non-commercial users have free access, but registration may be required. Here are other terms and conditions that are available on the website.
2.3 Registration process as a commercial user
2.3.1 Upon registration, the commercial user, must provide the following information:
Username *, password *, company name *, address, country, first name *, last name *, gender, language, email *, URL, phone number and mobile number. The fields marked with an asterisk* are mandatory.
2.3.2 Registration requires the confirmation of an e-mail.
2.3.3 The user must truthfully provide the information on the registration form and update the information without delay in case of changes. Each user may register only once. Registrations are not transferable and may only be used by the registered customer.
3.1 The e-mail address and password are the access data for the use of the services subject to registration by klimeck consulting.
3.2 It is the responsibility of the client to exercise the utmost care in the use of IDs, passwords, usernames or other security devices provided in connection with the Services, and to take any measures to ensure the confidential, secure handling of the data guarantees and prevents their disclosure to third parties.
3.3 The use of his passwords or usernames by third parties is the responsibility of the client if he can not demonstrate in a sustainable way that the access to such data was not caused by himself and the reasons could not be influenced by him. The client is obliged to inform klimeck consulting immediately about a possible or already known, unauthorized use of his access data.
3.4 Should third parties gain knowledge of the client's password; the client must notify them immediately and change the password.
4 Delete registrations
4.1 klimeck consulting reserves the right to delete registrations in which the client has not registered for more than 12 months.
4.2 The client can delete his account at any time after login.
6.1 Publication start:
6.1.1 The advertisement will be published within 5 working days after order confirmation unless the customer specifies a later date.
6.1.2 In the Giant option, the publication period and the publication duration are identical in time. The publication date must be within the booked period. If the Giant option is booked for x months, then the advertisements must be published within the x months. Unused advertisements expire irrevocably.
6.2 Publication duration: Three different periods are offered. Depending on the chosen period, the advertisement has a publication duration of one, three or twelve months. The key date is the day of publication.
7.1 Advertisements: The client alone is responsible for the content of the advertisement, in particular for its correctness and legal admissibility, as well as the text and picture documents made available for placing the advertisement. In particular, he is responsible for ensuring that the contents are not illegal and that no third party rights, such as Violate copyright or trademark rights. klimeck consulting is not obliged to check whether a content that has been posted affects the rights of third parties or violates legal regulations. The user is obliged to correct or delete the content he has posted, provided that they do not meet the requirements for the design of advertisements. The client may request changes in writing.
7.2 Changes to the content: If a new text design is required during the term of the advertisement, klimeck consulting is obliged to accept these changes. Expressly excluded are those changes that affect the identity of the advertisement, by the implementation of which a different job than the one originally advertised would be advertised. At the request of the client, changes are made to klimeck consulting or one of the partners and charged according to the costs. Slight changes can be made by klimeck consulting without calculation. The change is carried out by klimeck consulting or a partner within 5 days.
7.3 Inadmissible content: The client ensures that the job advertisement does not contain any content that is against
(a) statutory requirements,
(b) official prohibitions,
(c) third party rights,
(d) violate the good manners or ethical rules of klimeck consulting.
7.4 Content is also inadmissible if they
(a) violate the terms and conditions of klimeck consulting,
(b) violate valid laws such as the AGG, MarkenG, UrhG or UWG, or the customer is not the owner of the rights of use and ancillary copyright required for the job advertisement, or
(c) contain links pointing to other websites which contain inadmissible content, which does not meet the legal minimum requirements or whose imprint is incorrect, or
(d) contain links pointing to pages of other job markets (competitors of klimeck consulting) (except a job and internal vacancies of the client itself), or
(e) do not include a job offer, but contain non-content, or
(f) Point or refer to dubious or misleading content.
8 Obligation of publication
8.1 The placement of job advertisements is at the discretion of klimeck consulting. klimeck consulting is entitled but not obliged to refuse the publication of a job advertisement, to limit the availability of job advertisements in the database spatially and temporally or to remove them from the database, and if these do not meet the requirements for the design of job advertisements, according to klimeck consulting are illegal or objected to by third parties.
8.2 The client indemnifies klimeck consulting on first request if klimeck consulting is used by third parties due to such inadmissible contents. A refund claim does not arise for the client as a result.
The client indemnifies klimeck consulting from all claims of third parties, including the legal costs incurred, arising from the fact that contents of the client are transferred to the job market in the same way.
10 Viruses or similar malicious programs
The client must ensure that files transmitted by him do not contain viruses or similar harmful programs. klimeck consulting can delete such files without the client being entitled to any claims. klimeck consulting reserves the right to compensation claims due to virus-related damage.
11.1 The client pays to klimeck consulting for placing the ads with the fees specified in the order confirmation. For the design of the prices in each case the current, valid price list is authoritative, which can be viewed on the website.
11.2 klimeck consulting reserves the right to grant special discounts and limited time price promotions.
11.3 The fees are unless otherwise agreed, each for a bookable package and a company or place of work.
11.4 If a advertisement contains several offers or descriptions, or if descriptions or places of work are changed after the first publication or more are added, klimeck consulting reserves the right to recalculate.
11.5 The invoice for all placed advertisements is prepared by klimeck consulting in a timely manner, in any case within 14 days, and sent to the client. The invoice is payable without deductions within 10 days of receipt.
11.6 Advertisements will be placed online only after full payment has been received.
12.1 The client pays the fee for publication of the advertisement on www.meetthegermans.info.
12.2 klimeck consulting, however, is free to increase its coverage by means of special measures and to disseminate and publish the advertisement elsewhere, in particular to potential other applicants and providers. These measures include other print, offline, online, social media, mobile, email, or telephone, trade shows, or career events.
12.3 klimeck consulting may work together with other cooperation partners and host the website at other URLs. A list of current partners can always be requested. Publishing in other media can be done in a different layout. These are additional and voluntary services provided by klimeck consulting, for which the client incurs no additional costs.
The rights of the client under this contract are non-transferable and not assignable. Acceptance of a contract by third parties, including resale, resale and/or reselling, requires the consent of klimeck consulting.
14 Processes and procedures
klimeck consulting accepts no responsibility for data supplied, advertising texts or storage media in this regard and is in particular not obligated to store them or to return them to the customer. He is entitled to engage vicarious agents. He shall configure his own infrastructure in accordance with the respective state of the art in such a way that it is neither the target nor the starting point of disturbances which are likely to adversely affect the internet service offered by klimeck consulting or, in general, a smooth and flawless network operation.
15 Warranty and liability
15.1 If there is a defect, the client may first request supplementary performance. If this fails, the further rights of the client remain unaffected.
15.2 klimeck consulting is liable for all damages, whether for breach of contractual duty or for tort, in accordance with the following provisions:
(a) In the case of gross negligence, the liability in commercial transactions is limited to the replacement of the typically foreseeable damage; this limitation does not apply insofar as the damage was caused by legal representatives or executive employees of klimeck consulting. In case of simple negligence, klimeck consulting is liable only if a material contractual obligation has been violated. In such cases liability is limited to the typically foreseeable damage.
(b) For claims under the Product Liability Act as well as for injury to life, limb or health klimeck consulting is liable according to the legal regulations.
15.3 Complaints must be made within one week of publication, except in the case of non-obvious defects. All claims against a contractual breach of duty directed against klimeck consulting become statute-barred one year from the beginning of the statutory limitation period unless they are based on intentional conduct.
15.4 klimeck consulting has in case of breakdowns or in cases of force majeure, illegal labor disputes, illegal confiscation, traffic disruptions, general scarcity of raw materials or energy and the like - both in the operation of klimeck consulting as well as in foreign companies, which klimeck consulting uses to fulfill its obligations entitled to full payment of published advertisements when 80% of the advertised advertisements sold or averaged over the past four quarters have been published. With lower publication rates, the invoice amount will be proportionally reduced.
16.1 By submitting advertisements, the client grants klimeck consulting the following non-exclusive, transferable, temporally and spatially unlimited rights (including the right to grant sub-licenses) to the transmitted content:
(a) the archiving and database right, i.e. the right to archive the contents in any form and in particular digitized to record in databases and store on all known storage media and on any medium and connect to other works or parts;
(b) the right of reproduction and distribution, i.e. the right to store, reproduce and distribute the contents in whole or in part in electronic or other media
(c) the processing right, i.e. the right to edit, in particular, modify, shorten, supplement and combine the contents with other contents.
16.2 klimeck consulting, in particular, is also permitted to have the aforementioned actions carried out by third parties.
17 Rights to the database
17.1 klimeck consulting is the owner of the content of the website and the database. All copyrights, trademarks and other proprietary rights to the database, the database and the content, data and other elements set out here belong exclusively to klimeck consulting; Any rights of the client to the content he has posted remain unaffected.
17.2 The client assigns to klimeck consulting all property rights to databases or databases which he has handed over to klimeck consulting for publication in connection with single or multiple advertisements.
17.3 The customer may not use the data obtained by the inquiry either completely, partially or in part for the construction of its own database in any media form and/or for the commercial exploitation or disclosure of information and / or for any other commercial use. The linking, integration or other linking of the database or individual elements of the database with other databases or meta-databases is inadmissible.
17.4 In particular, klimeck consulting has the sole right to assert beneficial ownership of its job posting database with third parties (such as metasearch engines).
17.5 A distinction must be made between copyrighted content and / or trademarks and other intellectual property rights of the client in the content of the individual job advertisements, which of course continue to be solely and exclusively due to the customer.
18 Dispute settlement
The online dispute resolution platform of the European Commission is available at: http://ec.europa.eu/consumers/odr. klimeck consulting is not prepared and is not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
19 Final Provisions
19.1 In the case of violation of one or more of the obligations stated in these terms and conditions by the client, klimeck consulting is entitled to terminate the services without further notification and to remove them from the website, without renouncing any payment obligations of the client.
19.2 Agreed service elements can only be called up within the agreed contract period. At the end of the contract period, the right of the client to call for claims for benefits not yet asserted before the expiry of the contract expires.
19.3 The legal relationships between klimeck consulting and the client are subject to the law of the Federal Republic of Germany, excluding the UN sales law.
19.4 Jurisdiction is Kleve, as far as the buyer is a merchant or a legal entity under public law or public law special fund. The same applies if the client does not have a general place of jurisdiction in Germany or the EU or if his domicile or habitual residence is unknown at the time the complaint is filed. The right to appeal to the court at another statutory place of jurisdiction remains unaffected.
19.5 klimeck consulting reserves the right to change these conditions at any time. All conditions should be checked every time you visit the website. By accessing the website after changing the conditions, these terms and conditions have been accepted.
19.6 Regardless of the language of the terms, the German version is legally binding in case of doubt.