General Terms and Conditions "Spedijobs"

Online job market for professional driver vacancies at INN-ovativ GmbH & Co. KG

Scope of application
1. The following General Terms and Conditions apply to all contracts concluded in connection with the online job market platform "Spedijobs" between
  - INN-ovativ GmbH & Co KG - hereinafter referred to as the "Provider" - and
  - companies (within the meaning of § 14 BGB) - hereinafter referred to as "Advertiser" - and
  - Recommender - hereinafter referred to as "Recommender" - For Recommender (spedijobs.com)
  can be concluded. An entrepreneur is any natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2. Persons interested in a job are hereinafter referred to as "applicants". Applicants open a free account on the website "https://www.spedijobs.com/".
3. The following General Terms and Conditions also apply to all applicants who visit the "Spedijobs" website and "share" job advertisements on third-party websites or apply for a job advertisement on the "Spedijobs" website.
4. The General Terms and Conditions of the provider in the currently valid version always apply exclusively. The provider does not recognize any deviating terms and conditions. Deviating terms and conditions of an advertiser, which the provider does not expressly recognize in writing, are not binding for the provider, even if the provider does not expressly object to them.
5. Referrers are natural persons who know someone,
  1. Who is looking for a job in the transport or logistics sector or
  2. Who would like to switch to another transport or logistics company or
  3. who makes social media channels available for a search.
Subject matter of the contract
1. The advertising contract is concluded when the provider confirms the order in writing and the advertiser does not immediately object to the confirmation. The written form is satisfied by sending an e-mail or a completed booking via the online store.
2. An advertising contract within the meaning of the following provisions is the contract for the placement of one or more online advertisements by a user as a job provider for the purpose of distribution on the Internet.
3. The term flat rate stands for a flat-rate contract. The user pays an agreed amount in advance. A personal consultation is required prior to setup.
Advertisement content, third-party claims
1. The provider reserves the right not to publish advertisement orders due to their content, origin or technical form. This applies in particular if the content of the job advertisement violates legal or official prohibitions or requirements or offends common decency and/or the General Terms and Conditions or if publication is unreasonable for the provider for other reasons. The advertiser shall be informed of this immediately. In the event of a justified rejection, the advertiser shall not be entitled to any claims against the provider.
2. An advertising contract within the meaning of the following provisions is the contract for the placement of one or more online advertisements by an advertiser as a job provider for the purpose of distribution on the Internet.
3. A right of refusal also exists in particular if the following requirements for the job description are not met:
  - A job advertisement must contain the company name and a company description, a job description, the requirements profile, the place of work and an application option. The job description must be correctly named and must not be misleading or misleading.
  - In particular, the contractual partner undertakes to design advertisements in accordance with the Equal Treatment Act. This also includes stating the applicable minimum wage for the advertised job in accordance with the collective agreement or the minimum wage applicable by law or other standards of collective legal organization and indicating the willingness to overpay, if such a willingness exists.
  - Text references and/or links within the advertisement to other job offers and other job sites not published on "Spedijobs" are not permitted.
4. The advertiser alone is responsible for the content of the advertisement, in particular the accuracy and legal admissibility of the text and image documents provided for the placement of the advertisement. The provider is not obliged to check the advertisement for infringement of third-party rights. The advertiser is obliged to indemnify the contractor against any third-party claims that may arise against him in any way from the execution of the advertisement order.
5. If protected trademark rights are used in the context of the publication of the advertisement, the advertiser hereby grants permission for their use. The advertiser warrants that he is authorized to grant such permission.
6. The advertiser creates a personal account in which advertisements can be saved and viewed for the duration of the contract.
7. The advertiser is free to offer a bonus for the "sharing" of the advertisement by applicants on the "Spedijobs" website, which will be paid out if an employment contract is actually concluded with another applicant for the position offered. The amount of the bonus is at the discretion of the advertiser. In the event of a successful employment, the customer and, if applicable, the referrer will be informed by e-mail. The applicant must be marked as hired for this purpose.
Copyright and rights of use
1. The provider acquires the sole copyright and/or other performance rights to all published job advertisements and information (texts, images, etc.). The advertiser warrants that it is entitled to transfer these rights and will indemnify and hold the provider harmless against any third-party claims. In particular, the provider shall also be entitled to defend against unlawful infringements of copyright by third parties in the context of publication in its own name and to assert any resulting claims for damages. (ALSO FOR REDISTRIBUTION)
2. For job advertisements, the advertiser receives the right of use insofar as he can publish the advertisement on the Internet platform "Spedijobs" in accordance with the order and use it online on other third-party Internet platforms (Facebook, YouTube, LinkedIn, Instagram, Google) to publicize the advertiser's advertisement and to publicize the offer of "Spedijobs" (naming as reference customers, listing customer logos). Any further use of the advertiser's job advertisement by the advertiser without the consent of the provider by using it on the advertiser's homepage or linking to other sites is expressly prohibited and requires further written permission.
3. The advertiser grants the provider the use of the company name and logo as a customer reference in advertising materials, provided the advertiser does not object to this.
Scope of use, availability
1. Upon conclusion of the contract, the advertiser is granted the non-transferable and non-exclusive right to use the online portal "Spedijobs" for the placement of job advertisements for a limited period of time in accordance with the order. The job advertisement is to be published at the agreed time. If no publication date has been agreed, publication shall take place within one working day of conclusion of the advertising contract. The advertiser is responsible for the complete delivery of flawless, suitable advertising material.
2. On the basis of the advertising contract, the provider is commissioned to arrange for the publication of the advertiser's job advertisements on the "Spedijobs" website.
3. Notwithstanding the advertising contract, the advertiser is entitled to commission third parties to place an online advertisement with the same name.
4. At the request of the user, the provider is obliged to make changes to the job advertisement distributed by him during the publication period, insofar as this is reasonable in terms of technology and content. In any case, changes that affect the identity of the advertisement are excluded, so that in the event of a change, a new job would be advertised instead of the original one. Changes that can be made by the provider with little effort will be made free of charge. Any further changes will only be made for a fee depending on the effort involved. In this case, the provider will inform the advertiser in advance and will only make the desired changes to the job advertisement once written confirmation has been received from the advertiser.
5. The advertising contract may be terminated by either party at any time without notice. The advertiser has the right to delete his account at any time by written notification to the provider. If an account is deleted, any job advertisements that are still active will be deactivated and the corresponding data permanently deleted.
6. The advertisement will be removed from the Internet immediately or shortly after expiry of the advertising contract, after prior revocation by the advertiser or termination by the contracting parties.
7. The provider is not obliged to keep the placed advertisement after termination of the job advertisement contract.
User fees, payment modalities
1. The price for the use of "Spedijobs" shall be deemed to be the agreed price, which results from the current information on the provider's website https://unternehmer.spedijobs.com/ or on the start page of the dashboard in the portal.
  1. A price of 1.50 excl. VAT is currently due per click.
  2. If a provider is contacted several times within one hour via the same IP address, this is considered one click.
2. Providers are obliged to top up their account before starting to place ads. As a rule, this is done from a minimum deposit of 500.00 euros and can be continued in 500.00 euro increments. Deviations from this must be agreed bilaterally with "Spedijobs".
3. From a monthly flat rate, the number of advertisements placed is unlimited. Further special offers can be found on our website. This only applies to flat rate customers. Clicks are also unlimited in the flat rate
4. The user can pay by credit card, PayPal or invoice.
5. The prices do not include statutory VAT.
6. The invoice will be sent to the advertiser at the e-mail address provided immediately after conclusion of the advertising contract and is available as a PDF form. The invoice amount is due for payment immediately without deduction from the invoice date.
7. Flat rate customers
  1. For flat-rate customers, no clicks are deducted and can be viewed in the customer account (unlimited clicks).
  2. The contract term for a flat rate is at least 6 months from the date the contract is concluded.
  3. After that, a flat rate is subject to a special right of termination of one month.
8. "Sharing" of job advertisements on third-party websites
  1. The provider agrees that the job advertisement may be shared on third-party websites (Facebook, YouTube, LinkedIn, Instagram, Google) by applicants on the "Spedijobs" website and installs the option on "Spedijobs" to share the advertisement on other websites. The advertiser can offer a bonus for sharing the job advertisement on third-party websites, which is paid out if it can be proven that an employment contract has actually been concluded as a result of the sharing (referral). Billing is prepared individually.
  2. Referrers register at www.spedijobs.com. Referrers have the opportunity to share job advertisements from spedijobs.com on WhatsApp, in Facebook groups, on Twitter or by e-mail. As soon as a company hires an applicant that the referrer was able to place based on their tip, the referrer automatically receives an e-mail notification. Billing is handled individually between the company and the referrer.
  3. The provider is not involved in the exchange and in particular in the payment of the bonus between the advertiser and the applicant on the "Spedijobs" website. The provider is released from any obligations in connection with the payment of the premium. In the event of a dispute with one or more applicants who "share" an advertisement on a third-party website, the advertiser releases the provider to the extent permitted by law from all claims, demands and damages (actual or consequential, direct or indirect) of any kind or nature arising out of or in connection with such dispute.
9. Credit will not be paid out. It cannot be used for other INN-ovativ products. Remains valid for further job advertisements
Warranty, exclusion of liability
1. The provider guarantees the best possible reproduction of the advertisement in accordance with the usual technical standard. In particular, there is no error in the display of the job advertisement if unsuitable display software or hardware is used or if the communication networks of other operators are disrupted.
2. The provider accepts no liability for the accuracy of the data provided by advertisers in its services. The Provider shall make every effort to make the services offered available around the clock. The contractual partner acknowledges and agrees that "Spedijobs" cannot guarantee uninterrupted availability of the services due to external influences beyond its control. Maintenance work, updates or similar work will be carried out by the provider, if possible, in such a way that downtimes do not occur. As far as possible, this work shall be announced on the network.
3. The user must check any notification of defects immediately, but at the latest within 3 days of publication, stating the nature and extent of the defect. The provider must be notified in detail in writing of any detectable defects, otherwise any claims shall be excluded. If a complaint is not made or not made in good time, the job advertisement shall be deemed to have been approved. The assertion of warranty claims or claims for damages, as well as the right to contest errors, are excluded in these cases.
4. The liability of the provider is limited to damages that occur to the job advertisement itself. The liability of the provider for consequential damages, loss of profit and other indirect damages is excluded. Furthermore, the provider's liability for damages due to slight or gross negligence is excluded.
5. The job advertisements are based exclusively on the information provided by the advertiser and are not checked for accuracy by the provider. The provider can therefore not be held liable for incorrect information. The advertiser is therefore solely responsible for the content, in particular the accuracy and legal admissibility of the text and image documents provided for the placement of the advertisements.
6. Advertisers are responsible for their own log-in data and passwords and are liable for any damage caused by misuse or loss.
7. The provider is not involved in the exchange between advertisers and applicants on the "Spedijobs" website and does not control the behavior of applicants on the "Spedijobs" website. In the event of a dispute with one or more applicants visiting the website, the advertiser releases the provider from all claims, demands and damages (actual or consequential, direct or indirect) of every kind and nature arising out of or in connection with such dispute to the fullest extent permitted by law.
8. The "Spedijobs" website contains links to third-party websites. These links do not constitute an endorsement by the provider of the content of the third-party websites. The provider is not responsible for the content of the linked third-party sites and does not comment on the content or accuracy of the material contained on the third-party sites.
Data protection, data security
1. The applicant agrees that the provider collects, transmits, stores and uses personal data. The use of personal data within the framework of the legal requirements is guaranteed.
2. The provider guarantees that the system and the data transmitted by the advertiser are adequately secured in accordance with the current state of the art.
3. In all other respects, the information in our separate privacy policy in its current version applies.
4. The data collected is used internally for marketing purposes.
5. Translation services such as "Google Translate" (https://translate.google.de) or "DeepL" (https://www.deepl.com/de/translator) are used to translate advertisements into foreign languages.
6. Basic rule for advertisers who use the online job market platform "Spedijobs":
  1. Data of private individuals, will be stored until the applicant deletes his/her data.
Termination of the contractual relationship
1. The provider has the right to block access to products made available online in the event of serious breaches of contract by the user.
2. At the time of termination of the contractual relationship, the provider has the right to delete all data stored by the user on the system for products that are made available online. The provider expressly points out that there is no entitlement to further storage of the stored data. It is therefore the responsibility of the user to ensure timely storage or sufficient backup.
3. Flat rate 6 months minimum contract period, thereafter terminable at the end of the month with a notice period of 30 days.
Final provision
1. The place of jurisdiction and place of fulfillment is the registered office of the provider. This also applies if the advertiser is not resident in Germany.
2. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
3. Should any provision of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. In such a case, the contracting parties are obliged to cooperate in the creation of a provision which comes closest to the invalid provision in economic terms and is legally effective.
4. The provider is entitled to amend, supplement and adapt the General Terms and Conditions at any time with effect for the future, provided this is done in writing.