§1 Scope
The following conditions are valid for the provision of services for the employment agency division of Peter Venyi Dienstleistungen,
hereinafter referred to as eurodrivers. Only these conditions shall be valid. Agreements that go beyond these general terms of trade shall only be effective if we have expressly agreed to their validity in writing.
§ 2 Acceptance of terms of trade
When an order is created in writing, the customer accepts eurodrivers general terms of trade and shall be obligated to adhere to them.
§ 3 Offer, conclusion of contract and publication
(1) eurodrivers offers are provisional and non-binding. A contract is created when eurodrivers confirms a customer?s order in writing. This is also valid for supplements, changes or recalculations. eurodrivers reserves the right to confirm a contract by means of an invoice.
(2) Publication shall start at the time given by the client. If a time has not been agreed in this way, publication shall take place immediately after the contract has been concluded.
(3) If they do not put the job offer online themselves, the client shall be responsible for the complete supply of correct, suitable texts and image material. In general, we are not responsible for delays that occur as a result of the text and image material supplied by the client for publication, whether these delays are determined by content or technology. If no image material is supplied, eurodrivers retain the right to use their own company logo.
(4) We are also authorised, although not obligated, to distribute the job advertisement in other ways, in particular via fax on request or by telephone. In addition, we are authorised, although not obligated, to publish the job advertisement in any print media or websites of our choice (or allow the job advertisement to be published by third parties). This concerns an additional and voluntary service performed by us, which will not result in any additional charges for the client.
§ 4 Terms of payment
(1) The respectively valid descriptions of products and services from eurodrivers are valid for the use of Eurodrivers services. All prices or offers are net prices and are understood not to include VAT at the legally applicable rate.
(2) eurodrivers reserve the right to make changes to the prices in the event of changes to their own manufacturing or acquisition costs, increased wage costs or other cost increases.
(3) When new price lists are published, the old price lists shall cease to be valid. The prices given in the order confirmation are definitive. Additional services that are not included in the order confirmation shall be calculated separately.
(4) If clients are abroad, payment settlement by a payment instruction during foreign economic transactions shall be borne by the client for their own payment and by the payee for other payment.
(5) We shall create the invoices as soon as the job advertisement goes live and they shall be sent to the client. The invoice is payable without delay within 14 days of having been received by the client. Collection of the invoiced amount by debit is possible.
(6) In the event of late payment, interest on arrears of 4% above the basic interest rate of the European Central Bank
(§ 1 Diskontsatz-Überleitungsgesetz) will be collected. We are authorised to charge a flat rate of €4.50 for every reminder and €67.00 for every application of an order to pay. No flat rate shall be charged for reminders because of delay.
(7) If the client is more than 14 days behind with a payment, we are authorised to interrupt our services until the amount due has been paid. The client´s obligation to pay the full amount for the agreed duration of the online publication shall remain unaffected by this.
§ 5 Acceptance of services
(1) Our service has been provided when the job advertisement given in the order is online within the agreed duration. The service has been accepted if it has not been declined in writing by the client, within seven days of being online. Refusal to accept the service on the basis of an insubstantial defect is excluded.
(2) If the client is a sales person and the company belongs to their trading company, they shall provide notification of any defects immediately and in writing. This is not valid for hidden defects that are complained about by the client as soon as they discover them. §§ 377, 378 HGB is correspondingly valid.
(3) In the event of defective reproduction of the job offer that has been caused by us, the client may claim a defect free replacement advertisement. However, this is only if the purpose of the job advertisement has been negatively affected. If we are not prepared or are not able to do this or if we refuse to do this or we delay over an appropriate period of time for our own reasons or if the replacement advert is not put on line for any other reason, the client shall be authorised, at their own discretion, to request that the contract is cancelled (cancellation of contract) or that the price for the job advertisement is reduced (reduction).
§ 6 Declining job advertisements
(1) eurodrivers reserves the right to not publish job advertisements because of their content, in accordance with consistent, factually justified principles. In particular, this applies if the content of the advertisement violates legal or official bans or violates public morals or if publication is not acceptable for us for other reasons.
(2) eurodrivers is authorised to remove advertisements whose content violates legal or official bans or violates public morals from the offer, without notifying the customer in advance. The client shall be informed immediately of a measure such as this. However, this does not justify a claim for replacement by the client.
§ 7 Disassociation from unknown content
(1) eurodrivers shall accept no responsibility for the content, in particular the accuracy of the content, and the legal admissibility of the job advertisement (text), image files and applicant profiles provided by the client and applicants or entered online.
(2) eurodrivers shall expressly disassociate themselves from all content of all websites that are linked with our websites in job advertisements or any of our other offers.
§ 8 Data protection
The data relating to persons that is taken by eurodrivers during execution of the contract shall only be used for the purposes of creating the contract, customer evaluations and for eurodrivers marketing purposes. The customer shall declare their agreement to this.
§ 9 Copyright and trademark rights
(1) All of the information that we publish (text, images) are subject to our copyright. However, information that we publish, including the HTML source text, that has been created by the client themselves, is excluded from this. In cases such as these, copyright shall be held by the respective client, not by us. When payment is made by the client, including for the HTML layout that we have created, no cession of copyright and/or industrial property rights shall be associated with the client, unless agreed otherwise in writing.
(2) If protected trademark rights are used in the publication of the advertisement, approval for their use shall be granted. The client shall ensure that the granting of approval is authorised.
§ 10 Guarantee
(1) We guarantee the best possible reproduction of the advert, in accordance with the respective, customary technical standards. However, the client is aware that the current technological situation does not allow a completely error free program to be created.
(2) Damages that are caused to a user through use of the Internet cannot be asserted against us. We reserve the right to immediately access our system in cases of urgency. Claims against us because of interruptions to operations, interrupted transfers, cancellation of advertising times or interrupted contact are excluded if their duration is less than one working day. In the event of longer interruptions as given above, the business partner may claim an appropriate extension of the service reserved. Claims that go beyond this are excluded.
(3) Downtimes caused by maintenance work, updates and similar work necessary to a normal extent shall not be grounds for any claims against us. Interrupted transfers that are attributed to a power failure over the cause and extent of which we have no control and interrupted transfers that are caused by other factors beyond our control shall not be grounds for any claims against us.
§ 11 Duties and obligations
(1) Our services shall be carried out in accordance with the client's guidelines. However, if the customer has grounds for complaint, this guarantee claim shall be considered to be justified if we agree to a subsequent improvement in an appropriate period of time, in writing or by telephone. However, the client may not make a guarantee claim if material or information for the provision of our services is provided by the client.
(2) The client is obligated to use the eurodrivers service correctly. In particular, this includes:
Not misusing opportunities to access allocation of employment and not neglecting to act in accordance with the law. Ensuring that all or part of the network infrastructure is not overloaded with excessive requirements.
Ensuring that legal prescriptions and official conditions are fulfilled and ensuring that official permission is obtained, if this is necessary for employment allocation purposes now or in the future.
Taking into account recognised principles of data security, in particular keeping their access data confidential or making changes immediately if there is the suspicion that unauthorised third parties have gained knowledge. Copying, reproduction or publication of all or part of copyright protected documents and software for allocation of employment is forbidden unless express permission has been given by eurodrivers. Customers shall adhere to rules of conduct on the Internet.
(3) eurodrivers are also obligated to privacy of correspondence and postal confidentiality for electronic information that has not been published and to not forward any personal information unless it is to be used for evaluation or for allocation to employers or employees. The client is obligated to inform eurodrivers when they find an employee through the employment agency, so that the employer data can be deleted.
§ 12 Limitation of liability
(1) We guarantee the best possible reproduction of the advert, in accordance with the respective, customary technical standards. However, the client is aware that the current technological situation does not allow a completely error free program to be created.
(2) Damages that are caused to a user through use of the Internet cannot be claimed against us. We reserve the right to access our system immediately in cases of urgency. Claims against us because of interruptions to operations, interrupted transfers, cancellation of advertising times or interrupted contact are excluded if their duration is less than one working day. In the event of longer interruptions as given above, the business partner may claim an appropriate extension of the service reserved. Claims that go beyond this are excluded.
(3) Downtimes caused by maintenance work, updates and similar work necessary to a normal extent are not grounds for any claims against us. Interrupted transfers that are attributed to a power failure over the cause and extent of which we have no control and interrupted transfers that are caused by other factors beyond our control shall not be grounds for any claims against us.
§ 13 Applicable law / place of jurisdiction
(1) It is obligatory that the law of the Federal Republic of Germany is agreed for these terms of trade and the entire commercial relationship between eurodrivers and the client. Other national laws, including the law on the international sale of goods (EKS, EKAG, each from 17/03/1973) are excluded.
(2) If the client is a fully qualified merchant, a legal entity under public law or under separate public assets, the county court of the company's headquarters shall be competent for any litigation that arises from the contractual relationship.
(3) The place of performance is Heidelberg, Germany
(4) If a provision in these terms of trade or another provision as part of another agreement is ineffective, the effectiveness of all other provisions or agreements shall remain unaffected by this.
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