Terms and Conditions
regarding the contractual relationship between the German Industry & Commerce (Taicang) Co., Ltd. Beijing Branch and the advertising employers
The following terms and conditions (hereinafter referred to as “these Terms and Conditions”) apply between the respective natural person or the respective corporate entity, on behalf of which the natural person acts, registering on jobmarket.china.ahk.de (hereinafter referred to as “Employer”) and the German Industry & Commerce (Taicang) Co. Ltd. Beijing Branch (hereinafter referred to as “Operator”), registered place of business at Unit 0830, Landmark Tower II, 8 North Dongsanhuan Road, Chaoyang District, 100004 Beijing People’s Republic of China (hereinafter referred to as “PRC”). Employer and Operator are hereinafter individually also referred to as “Party” and jointly as “Parties”.
2. Service Description
2.1. The Operator provides the Employer with access to its online portal, accessible on jobmarket.china.ahk.de (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 is being granted after 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 “Individual Contract“, which is to be defined under Clause 4 herein. The registration procedure for the Employer Account comprises the Employer’s provision of its essential contact data; this data is not being 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 is provided with 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 inspection of resumes and other information, which are uploaded into the “Candidates Database” by Job Applicants, will be granted to the Employer for free.
In addition, the Employer is provided with the possibility to present himself via a “Company Profile” to the extent and in the form as further described under Clause 2.3.
Furthermore, the Employer is provided with the possibility to put its job advertisements with reference to the PRC on different websites to the extent and in the form as further described under Clause 2.4.
The posted job advertisements of the Employer are being presented in the weekly published electronic newsletter (in the following referred to as “DE Job Market Newsletter”) that is free of cost to any newsletter subscriber.
2.2. Extent and form of job advertisements
- Duration of postings: 60 days,
- Multiple refresh through Employer possible (not applied for free internship advertisements),
- Online within 2 working days after submitting,
- Posting can be taken offline on Employer request at any time.
2.3. Use of data on social media channels
The Employer agrees that the Operator may use the information of the Employer on social media channels of the Operator to additionally promote job advertisements and the company itself (e.g. LinkedIn, Xing, Weibo, WeChat).
Job title and location cannot be changed after publishing. The Operator reserves the right to reject postings due to inappropriate content, origin and technical form. The payment notice will be sent to the Employer via e-mail. The payment has to be issued five working days after receipt of the payment notice by e-mail. Member discount applies only to members of the German Chamber of Commerce in Greater China.
In order to post a job, the Employer is obligated to submit all information marked as mandatory in the relevant online forms.
2.4. Company Profile
Employer’s company listing with logo and highlighted placement at the top of the companies subpage. Regular profile is being displayed only with the name of the Employer’s company.
2.5. 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 subpage Jobs all Featured Jobs are top listed.
Furthermore, an additional exposure may be provided with an extra listing on the website Zhaopin.com subject to additional costs.
2.6. Any order of the provided services is to be only submitted via the online ordering system as provided on the Job Market or by e-mail sent to the following address: firstname.lastname@example.org, by using the following subject line: [Service Order Job Market].
The content for every order submitted by the Employer for services provided by the Operator against remuneration are being presented to the Employer on a separate webpage to be confirmed. After pressing the order confirmation button (Submit Job), the order will be legally binding for the Employer.
2.7. The Employer can anytime edit, view or delete the information on his Employer Account and also deactivate his job advertisements. For the removal of the essential 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 e-mail of the Employer to the following e-mail address: email@example.com by using the following subject line: [Delete Employer Account].
3. Confidentiality on Login and Applicant Data
3.1. 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 therefore is not to be transmitted to any third party.
Operator bears no responsibility for the loss of access data. If the data does fall into hands of unauthorized persons or organizations, it is the Employer who has to inform Operator as soon as possible.
In the event 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 proof that a third party used the Employer Account without the Employer’s authorization.
Each Party shall keep confidential all the information regarding the services that Operator provides. Employer and Operator shall limit the use of the materials and information only between the two parties, for registration of the program or for authorized demonstration purposes.
The Employer shall be liable to the Operator for any damage caused to the Operator by use of the Employer Account by an unauthorized third party, unless such third party did not gain access to the Employer Account through the intent or negligence of the Employer.
3.2. The Employer is furthermore obliged to maintain 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; that refers especially to the assessment of whether the concerned Applicant fulfils the Employer’s employment requirements for the advertised employment position or not.
3.3 The provisions on confidentiality of this paragraph maintain validity even after the termination of the Contractual Relationship between the Parties, so e.g. after the deletion of the Employer Account.
4. Conclusion of Contract
With putting an order for the provision of a service as listed in Clause 2 and the acceptance of the offer by the Operator, a contract about the provision of the relevant service(s) (in the following referred to as “Individual Contract“) is concluded.
The Operator will confirm the acceptance of the order within 2 working days by sending the Employer an e-mail to its registered 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 its confirmation of the Employer’s order, the Operator will provide its services within 2 working days, unless otherwise provided for in Clause 2. An obligation to enter into a contract does not exist for either Party.
5. Payment Obligation
5.1. The payment for the services which are to be remunerated has to be effected within 5 working days after receiving of the payment notice. It will be sent to the registered billing address per e-mail 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 per postal service within the PRC (excluding Hong Kong, Taiwan and Macao). The payment shall be authorized in the currency displayed in the invoice.
Any mentioned or agreed on tariffs of the services provided by the Operator include PRC VAT and any other possible taxes/tariffs according to PRC law.
If the invoice is not paid within 5 working days after receiving it, the Employer owes the Operator a 0,1% interest on the opened debt for each calendar day until the invoice is paid, starting from the 15th day after the invoice has been received by the Employer.
5.2. If the Employer terminates an Individual Contract for an important reason prematurely, only as far as the important reason is based on its behavior or any other reason in the Employer’s sphere of responsibility, no refund shall be made. If the Operator terminates the Individual Contract for an important reason prematurely, then the Employer is to be respectively refunded, only as far as the important reason is not based on its behavior or any other reason in the Employer’s sphere of responsibility. In any other case not mentioned in this article 5.2., no refund shall be made to the Employer.
6. 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 hinder the execution of Individual Contracts already concluded at the time of termination.
Any Individual Contract may be terminated only for an important reason. As such an important reason it shall inter alia be regarded, if the other Party becomes bankrupt or insolvent, goes into liquidation, has an administration order made against it, compounds with its creditors, or carries on business under a receiver, 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 it shall also be regarded, if the Employer violates its obligation as stated under Clause 11.1.
Any termination of the Contractual Relationship or an Individual Contract shall be done by e-mail to the following address only: firstname.lastname@example.org by using the following subject line: [Terminate Contract]. The terminating Party’s selection to terminate the Contractual Relationship respectively the Individual Contract shall not prejudice any other of its rights, including without limitation the right to claim for the responsibility for breach of the Contractual Relationship respectively the Individual Contract.
7. Storage Obligation
7.1. The Operator will store the Employer’s data which has been published in the course of fulfilling the Operator’s contractual main obligations as stated under Clause 2 for the purpose of more general availability on the designated servers, only until the termination of the Contractual Relationship.
7.2. The Employer is obligated to create his own security copy of his data.
The Operator may analyze and process the Employer’s data for the use of improving and developing its services provided through the website or otherwise.
If the Employer has published personal data, this will be handled according to the Operator’s privacy statement enclosed hereto. The privacy statement is part of these Terms and Conditions.
8. Availability of the Job Market
8.1. The Operator is entitled to carry out maintenance works at the Job Market. The service time shall not be extended accordingly. If possible, the maintenance works are to be carried out outside of the main access times of the Job Market with regard to China.
8.2. The Operator does not warrant availability and flawless operation of the Job Market in the case of “Force Majeure”, and shall not be held liability for any consequences of a Force Majeure event. For the purposes of the Contractual Relationship between the Parties, an event of Force Majeure shall mean any event that is unforeseeable, beyond the affected Party’s reasonable control, and cannot be prevented with 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. 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.
9. Passivity of the Operator Regarding Contracts of Employment and Job Advertisements
9.1. The Operator offers solely a platform for the publication and distribution of job advertisements, company profiles, and commercials. The Job Market is neither economically nor legally bound or otherwise related to any work contract or other employment contract concluded between the Employer and an Applicant.
9.2. The Operator is not obligated towards the Employer to review job advertisements, company profiles, banner ads, 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 exercises 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 entered by the Employer are directed against the government of the PRC or PRC citizens, the Operator may require the Employer to modify the entered information or may delete such information at any time and terminate the Contractual Relationship and each Individual Contract at any time.
10. Limitation of the Operator’s Liability
For the breach of any obligations of the Contractual Relationship between the Parties, no matter what be the respective legal basis for the compensation claims being brought forward against the Operator, in case of culpability of the Operator, the following shall apply:
In the case of malice and severe carelessness or in the case of the harm to life, body or health, the Operator is liable according to the statutory regulations.
In any other case the Operator is only liable for the violation of essential contract duties (cardinal duties). The liability of the Operator is then, however, limited to the average damage typical for the contract and foreseeable.
These provisions about the limitation of the Operator’s liability shall also apply in favor for the Operator in case of culpable actions of its auxiliary persons or other persons associated to him and acting on his behalf.
11. Inappropriate Contents, Exemption from Liability
11.1. It is prohibited for the Employer to upload or otherwise put any inappropriate content onto the Job Market; this applies in particular, but not exclusively, for:
- Legally protected contents (brands, trademarks, title, business symbols etc.) as far as he is not authorized to do so,
- Discriminating contents and other offensive remarks,
- Private or other confidential information about a third party without its permission,
- Copy and/or intellectual property right protected contents (photographs, graphics, pictures, music in tone and/or note picture, text etc.) as far as it is not authorized to do so,
- Contents that violate the protection of children and minors.
11.2. The Employer indemnifies and holds indemnified the Operator from any liability and damages which result from the publication of its contents on the Job Market. The damage also includes the required costs and expenses for its legal defense and/or prosecution. Nevertheless, the Operator is entitled to and will remove any content from the Job Market that is illegal, insulting or otherwise inappropriate for publication; it may submit the case to the relevant authorities, if appropriate.
12. Intellectual Property
Any company name, domain name or other commercial content used in job advertisements in Operator website, belong to the owner of the job advertisement.
13. Applicable Law / Jurisdiction
13.1. The formation, validity interpretation, performance and dispute resolution in respect of the Contractual Relationship between the Employer and the Operator shall all be governed by the laws of the PRC.
13.2. 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 for arbitration in accordance with its rules of arbitration in effect at the time of applying for arbitration. The place of arbitration shall be Beijing. Both Parties agree in common that the dispute has to be settled using the English language. The arbitral award is final and binding upon both Parties.
14. Severability Clause
If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable under the laws or regulations of the PRC, such provision shall be severed from these Terms and Conditions. In such case a provision is applicable which meets best the legal and economic aim of the inoperative provision. The legality, validity and enforceability of the remaining provisions of these Terms and Conditions shall remain unaffected.