General Terms and Conditions

§1 Scope of Application and Conclusion of Contract

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") apply to all agreements concluded between Jobwal, Am Kaiserkai 69, 20457 Hamburg, Germany, and the client concerning personnel placement services.​

1.2 These GTC also apply to all future business relationships between Jobwal and the client, even if not explicitly agreed upon again. The version of the GTC valid at the time of contract conclusion shall apply.​

1.3 These GTC apply exclusively; any conflicting or deviating terms and conditions of the client are expressly rejected. This also applies if the client's offer or acceptance refers to the precedence of their own terms and conditions, or if we perform the service unconditionally with knowledge of conflicting or deviating conditions of the client.​

1.4 The assignment is made by accepting the offer through signature and returning the offer via email, mail, or personal delivery. Orally placed orders are only binding if confirmed in writing or by email by Jobwal, and the client does not object in writing or by email immediately upon receipt. The contract commencement is either the jointly agreed kick-off date or a fixed start date, as specified in the offer.​

1.5 If no kick-off meeting takes place within 45 days after mutual contract signing, the contract becomes void, unless a fixed start date has been agreed upon.​

1.6 For simplification, the generic masculine form is used in these GTC without any intention of discrimination.​

§2 Procedure, Execution, and Scope of Services

2.1 The details of the placement task and the personal and professional requirements of the sought candidates are developed jointly with the client and documented separately in writing.​

2.2 At the beginning of each new assignment, a personal, virtual, or telephone kick-off meeting is held. This includes the recording of the positions, capturing of photo and video material for use on social media platforms (e.g., Meta, TikTok, Indeed, LinkedIn, Xing), provided such materials are not already available.​

2.3 Jobwal creates a candidate funnel for the position to be filled for social media campaigns and individual direct approaches via video or text message.​

2.4 The client receives employer branding recommendations regarding their current presence on social media. Additional services are outlined in the offer.​

2.5 The entire process, starting from candidate selection, interviews, and presentation, including virtual support for subsequent interviews if necessary, is managed by Jobwal.​

2.6 The client is granted the right to use the candidate profiles provided by Jobwal, which are intended to present suitable candidates to the client.​

2.7 The service includes regular meetings to discuss the process status and a transparent overview of key performance indicators, as agreed upon.​

2.8 If the client commissions one or more positions, the assignment can be transferred to a new position with a different job title, with the written consent of both parties, without requiring a new contract.​

2.9 The documents and information about candidates provided by Jobwal to the client are intended exclusively for the client. The client is not authorized to share these documents and information, neither in original nor in copy, with third parties.​

2.10 Both parties agree that Jobwal does not owe the client any specific quantitative and/or economic success (such as a certain number of leads, employees, etc.) in providing the agreed services.​zfajobs.de+1jobwear.org+1

2.11 Jobwal is entitled to use third parties, especially subcontractors, to fulfill individual or all contractual obligations.

§3 Obligations of the Client

3.1 The Client undertakes to use Jobwal's services only within the scope of the contractually agreed services and exclusively for its own business purposes. Should there be a legitimate reason to suspect that our services are being used in an unauthorized manner by or for third parties, we will suspend the search assignment until proof to the contrary is provided. If the suspicion is confirmed, we are entitled to claim any resulting expenses or damages from the Client and to cancel the search assignment.

3.2 The Client is granted the right to postpone the kick-off meeting once within 7 days. Should the meeting be postponed beyond these 7 days, the contract term will commence on the 7th day after the originally scheduled kick-off meeting.

3.3 The Client grants the Contractor the photo and video rights for the material newly created by Jobwal. This transfer will be documented in a separate written agreement and must be signed by both parties. All other material voluntarily provided by the Client may be used by Jobwal for all purposes of filling the position for the benefit of the Client.

3.4 The Client expressly agrees not to disclose any login usernames, passwords, materials, and links to which the Client gains access within the scope of the contract to third parties.

§4 Terms of Payment

4.1 Unless otherwise agreed, Jobwal receives a weekly rate of €595.00 (five hundred and ninety-five euros) per commissioned volume for each active week (7 days). The number of working hours per week per volume amounts to 10. This number of working hours remains unaffected by the number of working days.

4.2 Unless otherwise agreed in individual cases, the costs incurred by Jobwal in the performance of this contract are covered by the remuneration claims specified in paragraph 4.1. Travel expenses and allowances of Jobwal will only be charged to the Client upon prior written agreement.

4.3 Jobwal will invoice the billable volumes / active weeks monthly, no later than the 10th working day of the following month.

4.4 The Client agrees that invoices may be sent electronically by email in PDF format.

4.5 All payment obligations are due for payment within 10 days of the invoice date without deduction. Any deviating regulations require the written agreement of the parties. If the Client is in default of payment, Jobwal is entitled to default interest in accordance with the statutory provisions.

4.6 All amounts are net amounts plus the applicable statutory value-added tax.

4.7 Expenses incurred by applicants in connection with interviews with the Client shall be reimbursed by the Client at the applicant's request.

§5 Termination

5.1 The contract can be terminated in writing / by email by either party with a notice period of 7 days throughout the entire contract term. In the event of extraordinary termination due to material breaches of contract, the right to assert claims for damages out of court or in court remains unaffected.

§6 Suitability of Candidates, Candidate Profiles

6.1 Jobwal conducts pre-qualifying interviews, in person or by telephone, with the candidates to determine their suitability. No liability can be assumed for the accuracy of the candidates' information. The candidates themselves are solely responsible for this.

6.2 It is the Client's responsibility to finally verify whether the candidate has the necessary skills and experience for the position and meets the health and character requirements. Jobwal assumes no liability for this.

6.3 When providing a foreign candidate who requires a work permit, the activity may only be commenced once the competent authority has issued the work permit. The Client must apply for this permit immediately at its own expense. The information provided by Jobwal regarding a work permit/authorization is based on the candidate's statement.

6.4 All information in the candidate profiles originates from the candidates themselves. The candidates alone are liable for the accuracy and completeness of this information. Jobwal assumes no liability.

§7 Liability / Warranty

7.1 No liability is assumed for the candidate fulfilling all the expectations placed in them by the Client or achieving specific results.

7.2 No liability or warranty is assumed for the work of the candidate selected by the Client.

7.3 Liability claims are limited to the amount of payments made or the reimbursement of expenses incurred. Any further claim for damages does not exist, even for any consequential damages incurred by the Client or third parties obligated to the Client. The respective contracting party shall fully indemnify Jobwal against claims by third parties.

§8 Confidentiality

8.1 The Client is obliged to treat all information received in the context of the placement activities confidentially and not to pass it on to third parties. For this purpose, third parties also include affiliated companies within the meaning of Sections 15 et seq. of the German Stock Corporation Act (AktG) and those companies in which there are personal identities of the shareholders or owners. The obligation of confidentiality shall continue to exist beyond the termination of the contract.

§9 Data Protection

9.1 We would like to point out that the transmission of data on the Internet (e.g., by email) can have security vulnerabilities. Accordingly, error-free and trouble-free protection of data from third parties cannot be fully guaranteed. In this regard, our liability is excluded. You have the right at any time to receive complete and free information from Jobwal about the data held about you. The possibility of data access and correction in accordance with Articles 15 and 16 GDPR exists. Furthermore, there is a right to rectification/deletion of data/restriction of processing for the user. Further information on data protection can be found in the separate data protection declaration on the website.

§10 Applicable Law and Jurisdiction

10.1 These General Terms and Conditions are subject to the law of the Federal Republic of Germany.

10.2 The place of jurisdiction is Münster, provided that the Client is a merchant, a legal entity under public law, or a special fund under public law. However, in this case, Jobwal is also entitled to take legal action at the Client's registered office.

§11 Subsequent Amendments to these General Terms and Conditions

11.1 Jobwal reserves the right to amend these General Terms and Conditions in the course of the contractual relationship. The Client will be expressly informed of the changes in a suitable manner and will be notified of the highlighted, amended passages. We reserve the right to decide how the Client is made aware of the changes.

11.2 If the Client does not provide written notice within six (6) weeks of being informed of the new version that it does not accept the new version, this constitutes tacit consent, and the new version applies from this point in time. We undertake to specifically point out this significance of the Client's behavior when providing information about the changes.

11.3 In the event of a timely objection by the Client, we are entitled to terminate the contractual relationship at the point in time at which the newly amended General Terms and Conditions come into force.

§12 Severability Clause, Place of Performance

12.1 Should a provision of these General Terms and Conditions be or become invalid or unenforceable, the remaining provisions shall not be affected thereby. The statutory provision shall apply in place of the invalid provision.

12.2 The place of performance is Hamburg.

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