Terms and Conditions
With regard to the contractual relationship between the German Industry & Commerce (Taicang) Co., Ltd. Beijing Branch and the advertising Employer
The following terms and conditions (hereinafter referred to as “these Terms and Conditions”) apply to the respective natural person or the respective corporate entity (hereinafter referred to as “Employer”), on behalf of which the natural person acts when registering on the online portal www.de-jobmarket.com (hereinafter, referred to as “Job Market”) and the German Industry & Commerce (Taicang) Co. Ltd. Beijing Branch (hereinafter referred to as “Operator”), registered place of business at Landmark Tower II, Unit 0830, 8 North Dongsanhuan Road, Chaoyang District, 100004 Beijing People’s Republic of China (hereinafter referred to as “PRC”). Employer and Operator are hereinafter also referred to individually as “Party” and jointly as “Parties”.
2. Service Description
2.1. The Operator provides the Employer with access to its online portal, accessible on www.de-jobmarket.com (in the following referred to as “Job Market”), which the latter can use to attract candidates among the visitors of the Job Market (in the following referred to as “Applicant” or “Job Applicant”) to the extent as defined by the following provisions of these Terms and Conditions. The access to the Job Market will be granted subsequently to a free registration and creation of an “Employer Account” via the provided online registration procedure. By registering on the Job Market the Parties enter into a “Contractual Relationship” which shall be governed by these Terms and Conditions. The Contractual Relationship shall also comprise any “Service Agreement“, as defined under Clause 5 herein. The registration procedure for the Employer Account requires the Employer to provide its personal contact data such as his/her name, email address, the position in the company; this data will not be published. The Employer can create one Employer Account for any corporate entity only. The Operator reserves the right to delete any Employer Account of a corporate entity already registered or to delete any Employer Account of a natural person, which represents a corporate entity already registered.
In order to attract Applicants for its vacancies, the Employer has the possibility to post job advertisements with reference to its business on the Job Market to the extent and in the form as further described under Clause 2.2.
The reviewing of resumes and other information, which are uploaded onto the “Candidates Database” by Job Applicants, will be granted to the Employer free of charge.
In addition, the Employer is provided with the possibility of presenting himself via a “Company Profile” to the extent and in the form as further described herein under Clause 2.3.
The placed job advertisements of the Employer will be presented in the weekly published electronic newsletter (hereafter referred to as “DE Job Market Newsletter”) which is free of charge to any newsletter subscriber.
2.2. Extent and form of job advertisements
- Duration of postings: 60 days,
- Multiple refresh opportunities by the Employer possible (this does not apply for free internship advertisements)
- Being online within two (2) working days after submission,
- Job offers can be taken offline on Employer’s request at any time.
2.3. Use of data on social media channels
The Employer hereby agrees that the Operator may use the information of the Employer on social media channels that the Operator uses in order to promote job advertisements and the company itself additionally (e.g. LinkedIn, Xing, Weibo, WeChat).
3. Content of Job Advertisements
3.1. Content Restrictions
Job title and location cannot be changed after publishing. The Operator reserves the right to reject placements due to inappropriate content, origin and technical form.
In order to post a job offer the Employer is obliged to submit all information marked as mandatory in the relevant online forms.
3.2. Company Profile
Regular company profiles will be displayed only with the Employer’s company name on the subpage “Companies”. If the Employer chooses the service “VIP Company Profile”, the employer’s company will be listed with its company logo and in a highlighted position at the top of the companies’ subpage. The service of “VIP Company Profile” is subject to an additional fee.
3.3. Extent and form of job advertisements on various websites
Additional exposure in the form of “Featured Jobs” can be provided, i.e. jobs listed on the top of the homepage with the caption ‘Featured Jobs’. On the submenu ‘Jobs‘ all ‘Featured Jobs’ are top listed. The service “Featured Jobs” is subject to an additional fee.
Furthermore, an additional job exposure can be provided with an extra listing on the website Zhaopin.com, but such service is also subject to an additional fee.
3.4. Any orders of the provided services have to be submitted via the online ordering system as provided on the Job Market or by an email sent to the following address: email@example.com, with following subject line: [Service Order Job Market].
After submitting the content of the job advertisement via the online ordering system by the Employer, the Employer has to confirm the content of the job advertisement eventually by pressing the order confirmation button (‘Submit Job’) shown on a separate webpage to the Employer. Upon confirmation the order will become legally binding for the Employer. The payment notice will be sent to the Employer via email to the designated contact email address. The payment has to be effected within five (5) working days after receipt of the payment notice by email. A member discount applies only to members of the German Chamber of Commerce in Greater China.
3.5. The Employer can edit, view or delete at any time the information on his Employer Account and also deactivate his job advertisements. For the removal of the personal data of the Employer Account he needs to delete the account. A deactivation or deletion of the Employer Account will be executed by the Operator after a corresponding email of the Employer to the following email address: firstname.lastname@example.org by using the following subject line: [Delete Employer Account].
4. Confidentiality on Login and Applicant Data
4.1. The Employer is obliged to maintain confidentiality on the login data of its Employer Account. Only the Employer and its authorized staff, if any, shall have knowledge of this data. It shall therefore not be transmitted to any third party.
The Operator bears no responsibility for the loss of access data. If the data becomes available to unauthorized persons or organizations, it is the Employer who has to inform the Operator as soon as possible.
In the event, that any order of services provided by the Operator has been made through an Employer Account, the respective Employer shall be legally bound by such order, unless the Employer can prove the fact that a third party used the Employer Account without the Employer’s authorization.
Each Party shall keep all the information confidential regarding the services provided by the Operator. Employer and Operator shall limit the use of their respective materials and information, only to the registration in the program or for authorized demonstration purposes.
The Employer shall be liable to the Operator for any damages incurred by the Operator due to the use of the Employer Account by an unauthorized third party, under the precondition that such third party gained access to the Employer Account by the Employer’s intent or gross negligence.
4.2. The Employer is furthermore obliged to keep confidentiality on any Applicant’s information it has obtained via the use of the Job Market. It is entitled to store and utilize it only to the extent necessary for reaching the purpose of the Contractual Relationship between the Parties as far as it is concerned by these Terms and Conditions; this refers in particular to the assessment of whether or not the concerned Applicant fulfills the Employer’s requirements for the advertised employment position.
4.3. The provisions on confidentiality in this Clause remain valid even after the termination of the Contractual Relationship between the Parties, e.g. even after the deletion of the Employer Account.
5. Conclusion of Contract
By placing an order for providing services as listed in Clause 2 and 3 and with the acceptance of such offer by the Operator, a contract about the provision of the relevant service(s) (in the following referred to as “Service Agreement“) is concluded.
The Operator will confirm the acceptance of the order within two (2) working days by sending an email to the Employer to its designated contact email address. If no confirmation is sent to the Employer during this period of time, the Employer is entitled to cancel its order, until it receives the Operator’s confirmation. After the confirmation of the Employer’s order, the Operator will provide its services within two (2) working days, unless otherwise provided for in Clause 2 and 3. There is no obligation for either Party to enter into a contract.
6. Payment Obligation
6.1. The payment for the services has to be effected within five (5) working days after receipt the payment notice by email, which will be sent to the registered billing address per email after the submission and confirmation of the respective order. Upon receipt of the full invoice amount and upon request only, the official tax receipt (“Fapiaos”) shall be sent subsequently per postal service within the PRC (excluding Hong Kong, Taiwan and Macao). The payment shall be executed in the currency displayed in the invoice.
Any service fees mentioned or agreed upon include PRC VAT as well as any other possible taxes/tariffs according to PRC laws.
If the invoice is still not paid within five (5) working days after receipt, the Employer owes the Operator interest of 0,1% on the open debt for each calendar day until the sum is paid, starting from the 6th day after the invoice has been received by the Employer.
6.2. If the Employer terminates a Service Agreement prematurely for an important reason, and this important reason is based on the Employer’s behavior or any other reason in the Employer’s sphere of responsibility, no refund shall be incurred. If the Operator terminates the Service Agreement prematurely for an important reason, then the Employer shall be refunded, unless the important reason is based on the Employer’s behavior or any other reason in the Employer’s sphere of responsibility. In any other case that is not mentioned in this Clause 6.2., no refund shall be paid to the Employer.
7. Extraordinary Termination
Either Party shall be entitled to cancel or terminate the Contractual Relationship at any time. The termination of the Contractual Relationship does not affect the execution of Service Agreement, which have been concluded already at the time of the termination.
Any Service Agreement may be terminated only for an important reason. As such an important reason shall be regarded inter alia, if the other Party becomes bankrupt or insolvent, goes into liquidation, merges with its creditors, or carries on business under a liquidator, trustee or manager for the benefit of its creditors, or if any act is done or event occurs which has a similar effect to any of these acts or events. As an important reason shall also be regarded, if the Employer violates its obligation as stated under Clause 12.1.
Any termination with regard to the Contractual Relationship or to a Service Agreement shall be done by email to the following address only: email@example.com by using the following subject line: [Terminate Contract and Service Agreement respectively]. The terminating Party’s option to terminate the Contractual Relationship and the Service Agreement respectively shall have no effect to any other of its rights, including, but not limited to the right to claim for damages due to a breach of the Contractual Relationship and the Service Agreement respectively.
8. Data Storage
8.1. The Operator will store the Employer’s data, which has been transmitted in the course of fulfilling the Operator’s contractual main obligations as stated under Clause 2 and 3 for at least six (6) months on the designated servers. The Operator hereby reserves the right to delete any content provided by the Employer after his/her prior notification via email.
8.2. The Employer is obliged to create its own security copy of its data entered into the Job Market.
The Operator may analyze and process the Employer’s data for the purpose of improving and developing its services provided through the website or otherwise.
If the Employer has transferred personal data, this will be handled in accordance with the Operator’s Privacy Statement which can be find on the webpage under the following link. The Privacy Statement is an integral part of the Terms and Conditions at hand.
9. Availability of the Job Market
9.1. The Operator is entitled to carry out maintenance work in the Job Market. Even if the maintenance work influences the Job Market access, the duration of 60 days for the assigned job posting will not be extended accordingly. If possible, the maintenance work will be carried out beyond China’s main access hours for the Job Market.
9.2. The Operator does not warrant availability and a flawless operation of the Job Market in case of “Force Majeure”, and shall not be held liable for any consequences of a Force Majeure event. For the purposes of the Contractual Relationship between the Parties, an event of Force Majeure shall be considered any event that is unforeseeable, beyond the affected Party’s reasonable control, and even cannot be prevented by reasonable care. This includes but is not limited to war, acts or omissions of government, terrorism, accident, serious fire, explosion, nuclear incident, geographic change, flood, typhoon, earthquake, tide, lightning or epidemic which might occur during the performance of the Contractual Relationship. It also includes connectivity issues or other problems of the flawless operation of communication networks of third parties on which the Operator relies, current power losses and attacks out of the internet against which the portal operator possesses, by the prevailing state of the technology, no reasonable counter-measures. However, any shortage of credit, capital or finance shall not be regarded as an event beyond a Party’s reasonable control.
10. Passivity of the Operator Regarding Contracts of Employment and Job Advertisements
10.1. The Operator offers only a platform for the placement and distribution of job advertisements, company profiles, and commercials. The Job Market is neither bound economically nor legally or is related in any other way to any work contract or employment contract concluded between the Employer and an Applicant.
10.2. The Operator has no obligation towards the Employer to review job advertisements, company profiles, banner advertisements, Applicants’ page contents or any other data uploaded by the Employer or an Applicant or declared as third-party content on its truthfulness and accurateness or in any other aspect, in particular regarding salaries and its legal admissibility. The Operator has no influence over the Job Market’s contents. Therefore, the Operator shall not be liable for any such contents, unless otherwise provided by mandatory laws and regulations of the PRC.
If any information provided by the Employer may be considered critical against the government of the PRC or PRC citizens, the Operator may require the Employer to modify these information or may delete such information at any time and terminate the Contractual Relationship and each Service Agreement at any time.
11. Limitation of the Operator’s Liability
In case of a breach of contract the following shall apply:
In the case of a malice and severe negligence or in case of a harm to life, body or health, the Operator is liable according to the statutory regulations of the PRC.
In any other case the Operator is only liable for the violation of essential contractual duties. The Operator’s liability is then, however, limited to the average damage typical for the contract and foreseeable.
The aforementioned provisions shall also apply to the Operator’s agents or other persons associated to him and acting on his behalf.
12. Inappropriate Contents, Exemption from Liability
12.1. It is prohibited to upload or to put in any other way any inappropriate contents onto the Job Market; this applies in particular, but not exclusively, to:
- Legally protected contents (brands, trademarks, title, business symbols etc.) as far as the Employer is not authorized to do so,
- Discriminating contents and other offensive remarks,
- Private or other confidential information about a third party without this third party`s permission,
- Contents protected by intellectual property right laws (photographs, graphics, pictures, music in tone and/or note picture, text etc.) as far as the Employer is not authorized to do so,
- Contents that violates the legal protection for children and young person’s.
12.2. The Employer indemnifies the Operator from any liability and damages which result from the publication of its contents on the Job Market. A damage may also include any required costs and expenses for its legal defense and/or prosecution. Additionally, the Operator is entitled to and will remove any contents from the Job Market that is illegal, offensive or otherwise inappropriate for publication or may be considered critical against the government of the PRC or PRC citizens; it may submit the case to the relevant authorities, if appropriate.
13. Intellectual Property
Any company name, company logo, domain name or other commercial content that is used in the job advertisements on the Operator’s website does belong to the owner of the job advertisement.
14. Applicable Law / Dispute Resolution
14.1. The formation, validity interpretation, performance and dispute resolution in respect of the Contractual Relationship between the Employer and the Operator shall be all governed by the laws of the PRC.
14.2. All disputes arising out of or in connection with the Contractual Relationship between the Employer and the Operator including any question regarding its existence or validity shall be submitted to Beijing Arbitration Commission (BAC) for arbitration in accordance with its rules of arbitration that are in effect at the time of applying for arbitration. The place of arbitration shall be Beijing. Both Parties agree upon the fact that the dispute has to be settled by using the English language. The arbitral award shall be final and binding upon both Parties.
15. Severability Clause
These Terms and Conditions shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of the remaining Terms and Conditions in general or of any single term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, a new provision shall be added as an integral part of these Terms and Conditions, which is to the largest extent similar in terms of such invalid or unenforceable provision.