Status: October 2022
These terms and conditions (”TERMS AND CONDITIONS“) apply to all contracts between Excellent Recruit GmbH (”Excellent Recruit“), Luitpoldweg 2 in 82031 Grünwald, represented by the managing directors, Robert-Bora Bogner, Tobias Artur Schöllhammer and the customer and regulate all details related to the provision of services between these parties. They also apply to all future deliveries, services or offers to the customer, even if they are not agreed separately again. ”Excellent Recruit Platform“or”Excellent recruitment services“hereinafter refers to both the websites and apps of”match-crowd.com“and”match-crowd.de“, which are operated by Excellent Recruit.
A customer within the meaning of these terms and conditions is only an entrepreneur within the meaning of § 14 BGB or a merchant within the meaning of § 1 HGB or a legal entity under private or public law.
The subject of the contract is the content of the respective order confirmation from Excellent Recruit, including the documents and attachments referred to therein, as well as these terms and conditions in the version valid at the time the contract is concluded.
Contractual terms of the customer that deviate from and/or conflict with these terms and conditions do not apply, regardless of whether they represent a significant change in the order confirmation. Anything else only applies if Excellent Recruit expressly agrees to their validity in writing.
The contract between the parties is concluded when the customer purchases a service via an Excellent Recruit website. By clicking on the order button and accepting the terms and conditions, the customer submits an offer to Excellent Recruit to conclude a contract. The customer then receives an e-mail to the email address provided by him, which confirms receipt of the order and declares acceptance of the order and thus the order acceptance (“order confirmation”).
If the parties conclude a contract over the telephone, the customer receives a written confirmation by e-mail, including the terms and conditions agreed by telephone. There is no need for further explanations from the parties.
The contract is also concluded when Excellent Recruit receives the Excellent Recruit order form signed by the customer by post, fax, email or other electronic form and Excellent Recruit confirms the conclusion in writing on the basis of the order form. The provision of services is not considered an implied acceptance of the amended contract offer.
Excellent Recruit provides customers with advertising spaces for publishing job advertisements (“ads”) on Excellent Recruit's websites. Job advertisements are published on Excellent Recruit's non-publicly accessible database and are displayed to the technically identified, suitable candidates.
In addition to job advertisements, Excellent Recruit also provides other professional and career-related services and information for users and customers on its websites. Taking into account the interests of users and customers, the recipient-friendly preparation and presentation of information by Excellent Recruit is essential to ensure the usability of the websites. Excellent Recruit therefore reserves the right to adjust the presentation of the websites at any time and at its own discretion and to discontinue or expand services, unless these have been contractually guaranteed.
Excellent Recruit integrates a button for matches, which enables direct applications.
By pressing the apply button, application documents are created from the profile information and data stored by the candidate and any documents added to the profile and sent to the customer.
Excellent Recruit assumes no responsibility for data, advertising texts or related storage media submitted by the customer or an applicant and, in particular, is not obliged to store or return them to the customer.
Unless otherwise agreed, job advertisements will be posted for a period of 30 days from receipt of the order confirmation (“posting period”). After expiry of the switching period, the period of the switching duration is automatically extended by a further 30 days, unless the customer objects to an extension of the switching duration within a respective switching period. The customer can object to the extension of the activation period by e-mail or, alternatively, via the website. The extension of the posting period of a job advertisement is considered a new paid posting on the basis of and in accordance with the terms of the contract existing between Excellent Recruit and the customer.
Job advertisements can only be retrieved within the agreed contract period. At the end of the contract period, the customer's right to use advertising spaces that were not used within the contract period expires.
To create job advertisements, the mandatory fields specified and marked by Excellent Recruit must be filled in by the customer.
The customer has sole press, competition, data protection and other responsibility for the content submitted by him and intended for publication. In particular, the customer is solely responsible for compliance with the applicable legal provisions relating to his submitted content. The customer also guarantees that the content of the advertisements does not violate a legal prohibition or the rights of third parties.
The customer ensures a smooth inbox for Excellent Recruit emails and, in this context, sets up Excellent Recruit as a “trusted server”. This is intended to prevent email notifications to the customer from being prevented by the customer's own proprietary spam filters.
Excellent Recruit reserves the right not to execute orders placed by the customer, or to remove them with regard to job advertisements that have already been published, insofar as the content to be published violates legal requirements, official prohibitions, third-party rights, good decency or Excellent Recruit's terms and conditions. The same applies insofar as links are set on behalf of the customer to service elements that lead directly or indirectly to pages with illegal content. The customer's payment obligation remains unaffected by this. Excellent Recruit is only obliged to remove such illegal content within the framework of legal provisions and at the request of a customer. Insofar as claims are made against Excellent Recruit due to illegal content or other violations of law for which the customer is responsible, the customer releases Excellent Recruit upon first request. The exemption includes the necessary and reasonable legal costs.
The right of refusal also exists in particular if the following requirements are not met by the customer:
We would like to point out that in other countries outside Germany and the European Union, there may be different legal requirements and possibly bans on job advertisements. These must also be complied with. The customer is independently obliged to inform himself about any special features and restrictions.
Excellent Recruit reserves the right to adjust or change the categorization, classification, criteria or presentation of job advertisements at its own discretion at any time. The customer has no right to publish his job advertisements in a specific category, category or presentation method selected by him.
Excellent Recruit grants the customer the non-exclusive, non-exclusive and non-transferable right to use the customer cockpit, which is limited to the contract period. The customer cockpit allows the customer to create a company profile, create job advertisements and edit them to a limited extent within the booked advertising period, as well as to publish and deactivate them. A function is also provided to view applications.
Excellent Recruit gives the customer a user ID and password to log in to the server. The customer can change the password at any time. Within his general area of responsibility, the customer is responsible for ensuring that both the user ID and password can only be used by persons who are authorized to access the ExcellentRecruit customer cockpit. In doing so, the customer must also take into account any other safety criteria that are disclosed to him. If an agency acts for or on behalf of the customer, the same rules apply.
If applications have been sent to the customer in the specific account in the Excellent Recruit customer cockpit, the customer can view them there partially anonymously until the desired contact is made.
With regard to the information requirements under Section 312i BGB and Art. 246c EGBGB, Excellent Recruit refers to its website in particular the FAQs, available at https://match-crowd.com/faq/.
The contract entitles Excellent Recruit to use customer data and data arising from the business relationship for trend analyses and overviews and to publish them anonymously.
The remuneration for the service to be provided by Excellent Recruit is determined by the prices stated in the respective order confirmation. All prices are exclusive of statutory VAT.
Invoicing takes place upon conclusion of the contract, unless otherwise agreed in an individual contract.
The payment claim is due without deduction 10 days after invoicing. In the event of late payment or deferral, interest of 9 percentage points above the base interest rate of the European Central Bank as well as costs and fees to establish and enforce the payment claim will be charged. In addition, Excellent Recruit is entitled to claim a lump sum of 40, - € (see Section 288 (5) BGB).
In the event of late payment, Excellent Recruit is entitled to discontinue services and parts of them until full payment has been made. This does not apply if the customer is entitled to a right of retention. If, in the case of an agreed payment in installments, an installment is not paid within 30 days of the due date, the entire remaining amount is due immediately; the right of withholding under sentence 1 applies mutatis mutandis.
Excellent Recruit only accepts payment by bank transfer from abroad if all bank charges are paid by the customer at the same time.
Payments made by the customer are always initially settled against the oldest existing claim. Excellent Recruit may refuse to provide the service until all payments due have been made by the customer.
We reserve the right to send invoices and all correspondence relating to invoices, such as but not limited to payment reminders, only as an attachment in an email. For this purpose, the customer undertakes to provide an up-to-date e-mail address for dispatch and to inform Excellent Recruit promptly of changes to the e-mail address.
The customer's rights under the contract are not transferable and not assignable. A transfer of contract by third parties requires the prior written consent of Excellent Recruit.
Excellent Recruit is entitled to engage vicarious agents.
The customer ensures that all content published by him on Excellent Recruit's websites or submitted to Excellent Recruit for publication is free from the rights of third parties. The customer guarantees that he has all third-party exploitation rights. By placing an order, the customer confirms that he has acquired or may freely dispose of all rights of use from the owners of copyright, ancillary copyright and other rights to the documents and data provided by him for posting on the Internet.
This agreement does not include the transfer of ownership or use rights, licenses, or other rights to the software to the customer. All rights to the software used by the customer, to trademarks, titles, trademarks and copyright and other commercial rights/ancillary rights of Excellent Recruit remain with Excellent Recruit without restriction.
All work results and information published by Excellent Recruit are subject to the copyright of Excellent Recruit. Only work results and information published by Excellent Recruit that were created by the customer or a third party and have been adopted unchanged by Excellent Recruit for publication on the Internet are excluded.
Excellent Recruit is the manufacturer and author of its databases within the meaning of § 87a (1), (2) UrhG and § 4 UrhG and is the owner of all associated exclusive rights.
The only basis for the provision of services is the service features agreed in writing and the scope of services. The customer must check the services immediately upon receipt and immediately report any deficiencies to Excellent Recruit. If he fails to do so, the services are considered to have been provided free of defects.
Excellent Recruit will first attempt to comply with its obligation to rectify the situation. Only if this fails twice can the customer withdraw from the contract or make use of his right to reduce the price. The respective posting time is only calculated for periods of time in which excellent Recruit provides flawless performance.
The customer's warranty claims do not cover defects that consist of only an insignificant deviation from the agreed quality or in an only insignificant impairment of usability. The customer's warranty claims are excluded in particular even if the defect is due to missing or incorrect content entered by the customer or by third parties.
All warranty claims expire within one year. The limitation period begins when the customer becomes aware of the defect or should have become aware of the defect in the event of gross negligence.
Excellent Recruit makes no guarantees. Warranties arising from mandatory legal regulations are excluded from this.
The parties' liability is limited as follows: (a) Subject to the provision in 10.2 (d) of these Terms and Conditions, liability is essentially limited to intent and gross negligence. (b) In the event of gross negligence, subject to the provision in 10.2 (d) of these Terms and Conditions, liability is limited to one hundred percent (100%) of the total amount owed to Excellent Recruit in connection with the order relevant to the breach of duty in question. (c) In the event of gross negligence, subject to the provision in 10.2 (d) of these Terms and Conditions, the liability of the parties is limited to foreseeable damage and damage typical of the contract. (d) Regardless of the degree of negligence, the parties are liable for any injury to the limb, life and health of persons of the other party and in accordance with the Product Liability Act arising in connection with or in the performance of obligations arising from the contractual relationship. To the same extent, the parties are liable for breaches of obligations that are essential to this contractual relationship (“cardinal obligations”). In particular, obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly trusts and may rely on are essential. In these cases, the liability of the parties is unlimited.
In the event of a loss of data caused by Excellent Recruit, Excellent Recruit is solely liable for the costs of restoring and restoring data or the system that would have arisen even if the data was properly backed up.
The parties are obliged to prevent and reduce any damage they incur as far as is reasonable.
If claims (“intellectual property rights claim”) are made by third parties against the customer due to infringement of patents, copyrights, trademarks, business names or trade secrets through a service provided by Excellent Recruit (“infringement of intellectual property rights”), Excellent Recruit releases the customer from all costs (including reasonable legal defense costs) and claims arising from final judgments of competent courts or by Excellent Recruit through written settlements, provided that (i) the cause for the The infringement of intellectual property rights has not been committed by the customer, for example in the case of publication of inadmissible content in accordance with 4.1.3, (ii) the customer notifies Excellent Recruit in writing within a maximum of twenty (20) working days of making the initial claim, (iii) Excellent Recruit retains sole control over the defense against the property right claim and (iv) the customer provides appropriate support and all information so that Excellent Recruit can fulfill obligations under this. The above obligation does not apply to measures or declarations to which Excellent Recruit has not previously agreed in writing and not to the extent that the customer continues infringement acts after it has been notified of changes that would have prevented an infringement. If an infringement of property rights is determined by a competent court or is considered possible by Excellent Recruit, Excellent Recruit may, at its own discretion and at its own expense, either (i) replace or change the services in such a way that there is no longer an infringement of intellectual property rights, or (iii) if measures under (i) or (ii) are not possible or unreasonable, extraordinarily effective this contract with immediate effect resign.
Excellent Recruit undertakes to keep secret all information marked as “confidential” that Excellent Recruit receives from the customer under this contract. Excellent Recruit fulfills this obligation even after the contract period has expired.
It is the customer's responsibility to take the utmost care when using IDs, passwords, user names, or other security devices provided in connection with the Services and to take any action that ensures the confidential, secure handling of the data and prevents its disclosure to third parties. The customer will be held responsible for the use of his passwords or user names by third parties unless he is able to demonstrate that access to such data was not caused by him himself and that the reasons for this could not be influenced by him. The customer is obliged to immediately inform Excellent Recruit of a possible or already known, unauthorized use of their login data. If the customer breaches one or more of the obligations set out in these terms and conditions, in particular but not exclusively those listed under this section, Excellent Recruit is entitled to terminate and remove the services or ads as well as profiles from the website without further notice. In such a case, Excellent Recruit's claim for remuneration remains valid in full.
The contracting parties agree to keep secret all information that they have received directly or indirectly in connection with the respective contract and in the course of its implementation and which is of a technical, financial or other commercial or confidential nature and not to pass it on to third parties. No third parties are companies associated with Excellent Recruit within the meaning of Sections 15 et seq. of the German Stock Corporation Act.
This confidentiality obligation does not apply to such information which is obvious or which was already known to the party, or which the party obtained from third parties in a legally permitted manner or developed by itself without breaching confidentiality obligations. The obligation to provide evidence is the responsibility of the party that invokes this.
The obligations of comprehensive confidentiality continue even after termination of the respective contract.
Excellent Recruit is entitled to collect, process and store customer personal data in compliance with and compliance with the provisions of applicable data protection laws, guidelines and other regulations.
Excellent Recruit also ensures that all employees of Excellent Recruit have been committed to data secrecy and to maintaining particular confidentiality in accordance with applicable data protection, telecommunications and other relevant laws.
If the customer has been warned of a publication or its content on Excellent Recruit's websites, the customer has already made a cease and desist with regard to certain content made available for publication or self-published content, or has a corresponding preliminary injunction, judgment or other court decision or administrative order been served, the customer is obliged to immediately inform Excellent Recruit of this in writing. If the customer fails to do so, Excellent Recruit is not liable. The customer is then obliged to indemnify Excellent Recruit from any claims made by third parties upon first request and to compensate Excellent Recruit for the resulting damage.
The contract comes into force at the time the contract is concluded, unless the parties agree otherwise.
German law applies to the execution of the contractual relationship between Excellent Recruit and the customer and all claims arising from or in connection with the contract on the basis of these terms and conditions. The application of the UN Sales Law (CISG) and the conflict of laws rules of international private law are excluded. The courts in Munich have exclusive jurisdiction for all contractual relationship between Excellent Recruit and the customer and all disputes arising from or in connection with the contract based on these terms and conditions, unless there is an exclusive legal place of jurisdiction.
Amendments and additions to the contract or these general terms of delivery must be made in writing, unless a stricter form is regulated in these terms and conditions. This also applies to the amendment of the formal requirement itself.
Should individual provisions of the contract between Excellent Recruit and the customer or these general terms of delivery be or become invalid in whole or in part, the effectiveness of the remaining provisions shall not be affected. In such a case, the parties will replace the invalid provision with a legally effective provision that comes as close as possible to the economic result pursued by the parties with the ineffective provision.
