The following General Terms and Conditions (GTCs) set out the relationship between Simovative GmbH as Operator of the job platform UniHeads (hereinafter “Operator”) and the advertisers using the job platform UniHeads for university-wide job listings (hereinafter “Advertiser(s)”). These GTCs apply only to the respective partner university as well as to the other universities or institutions (hereinafter referred to as “Partner University”) explicitly approved by the Partner University for internal university use and communicated by name to the Operator, for which UniHeads is operated. They will apply upon the Partner University's use of the Operator’s service or offer, at the latest, however, upon placing the order. Other or supplementary agreements to these GTCs may be made for separate services of the Operator. Such agreements must be made in writing. The GTCs shall apply to any business and use, even if it should come to transactions, orders or business in the future without expressly referring to these GTCs. Any deviating terms and conditions of the Partner University are hereby rejected, unless their validity has been expressly agreed to in advance and in writing.
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3. Purpose/Services of the UniHeads Job Platform
3.1 The aim and purpose of the category “university-wide job ads” on the UniHeads job platform is to offer the universities defined under 1 the opportunity to post job listings advertising employment opportunities.
3.2 The Operator provides an opportunity to post job ads. In doing so, it does not directly act as an agency. The Advertiser and the interested parties will communicate either through the UniHeads job platform or using the contact information the Advertiser provided.
4. Insertion Order and Contract Signing
4.1 The Partner Universities can only list job openings on the UniHeads job platform for their own university in the category “university-wide job ads”. It is not possible to list job openings of other universities on the UniHeads job platform. Job listings under the “university-wide job ads” category are free of charge. Insofar as Partner Universities wish to list jobs at other locations or under different categories, prices and terms will change as per the general terms of services for companies and the applicable price list.
4.2 UniHeads will only post ads in connection with a job position (including looking to fill more than once). Listings which contain job openings for several positions will not be accepted. Ads are approved internally for quality control.
4.3 With the insertion order, the Partner University confirms that the Partner University is authorised to list the job opening on the UniHeads job platform and that the job opening actually exists within the university and can be filled. Job ads which only contain, or contain in addition to the job description, sweepstakes, commercials or similar content, or which are irrelevant for students and alumni, will not be accepted or will be deleted.
4.4 If job ads contain links to the job opening, these must, as far as possible, be designed in such a way that they specifically link to the listed position and not to a general application page of the Partner University. Links to external career platforms are not permitted and will be deleted.
4.5 Insertion orders for job advertisements, hereinafter referred to as job ads, can only be made online:
The Partner University will first need to register a valid user account for the UniHeads job platform before listing a job. The Partner University will post the job ad on its own in the specified format using the online form. The job ad will appear as shown in the preview. For the insertion order, the Partner University will submit a binding job listing application on the UniHeads job platform by clicking the button “Post job” at the end of the order process. The application can only be submitted and transmitted if the Partner University has accepted these contractual terms by checking the box next to the "General Terms and Conditions" button and has thereby included them in the application.
The Operator will then send the Partner University an automatic confirmation of receipt by e-mail, which documents receipt of the application but does not constitute a declaration of acceptance on its part. The insertion order is accepted, and the contract concluded, only with its activation/publication on the UniHeads online job platform; a separate confirmation e-mail will be sent by the Operator.
The listing can still be changed after the insertion order process has been completed, but must be approved by UniHeads.
5. Rights and Duties of the Partner University
5.1 The Partner University will ensure that all e-mails from the Operator are received, if necessary, by setting up the Operator as a "trusted server".
5.2 Partner University Compliance with Legal Requirements
With the insertion order, the Partner University undertakes to comply with all statutory provisions regarding the payment of minimum wages, such as the Minimum Wage Law (MiloG) and the Labour Protection Act (AGG). For internships and opportunities for writing master theses at companies that do not fall under the statutory minimum wage, a minimum pay of 300.00 euros per month applies on a full-time basis.
Job offers that require the applicant to work for free during a trial period will not be published. Furthermore, the Partner University assures that the contents of the job ad relate to a vacant position or job.
Membership advertisements for clubs or associations as well as advertisements for participation in illegal pyramid selling (sec. 16 of the Act Against Unfair Competition, UWG) are not permitted.
5.3 The Partner University grants the Operator all rights to the contractual use of the contents of the listing and expressly assures that the Partner University is free to use all rights granted to the Operator in connection with the job listing, that the Partner University is entitled to the rights without restriction and that the Partner University has not exercised these rights in a way that would prevent the transfer of the rights to the Operator in accordance with this contract and expressly indemnifies the Operator in full against all third-party claims arising out of the contractual use of the rights.
5.4 The Partner University represents and warrants to deactivate/take down job ads as soon as the advertised position is filled. Ended job ads cannot be reactivated.
6. Rights and Duties of the Operator
6.1 The Operator publishes the job ad on the UniHeads job platform as entered by the Partner University. The Partner University cannot make subsequent changes to the content and layout; UniHeads Customer Service needs to be directly contacted by sending an e-mail to email@example.com. However, the identity of the job ad (the position itself and the location) must not change as a result.
6.2 Please allow for two business days max between adding the job ad through the online form for online insertion orders on the UniHeads job platform site and going live. The job ad will be visible from the time it is listed until the position is filled, but for no more than 365 days. The job ad will be automatically taken down at that time.
6.3 The Operator reserves the right not to accept the Partner University’s application for a job ad, i.e. not to list the job ad for any reason. Sometimes the Operator is entitled to delete job ads retrospectively with reasonable cause, in particular if the content to be published violates legal requirements, official orders, the rights of third parties, morality or these GTCs.
6.4 The Partner University may, itself, take down the job ad directly in the account. Please allow for up to two business days between receiving such a request and taking down the ad. Taken down job ads at the request of the Partner University can only be reactivated through a renewed insertion order.
6.5 The Operator does not have a 100% uptime guarantee for the UniHeads job platform. In particular, short-term website maintenance or front-end changes to the way job ads are displayed do not constitute a change to the contractual use, provided that the purpose of the contract can still be achieved. Claims for defects exist neither for minor deviations from the agreed quality nor for minor errors in the usability of the Operator's services.
6.6 The Operator has the right to cooperate with other suitable media channels (including online, offline, TV, mobile and moving image products as well as new uses) to optimise the feedback on the listed job ads. In all cooperations, the Operator shall ensure that the relevance for the target audience is maintained; likewise, partners which the Operator collaborates with will be carefully vetted, taking into account the image and quality of such a partner. The Partner University’s media may be posted by the Operator without first discussing it with, or announcing the same to, the Partner University. To ensure that content is reader friendly across all end devices, the Operator is entitled to optimise the display of the job ads.
The Operator assumes no responsibility for the content of the job ads the Partner University places online, their legal conformity or other obligations of the Partner University (neither for the job ad nor for the offer therein). Insofar as the Operator is subject to third-party claims due to unauthorised content or other violations of the law for which the Partner University is responsible, the Partner University will indemnify the Operator on its first demand. Such indemnification also includes the necessary legal costs thereof. Claims for damages against the Operator as well as against its legal representatives, directors, officers, or agents are excluded, unless there is intentional or gross negligence or there was a material breach of contract (of major obligations). This also applies to claims for damages from non-performance, but only to the extent that compensation is demanded for loss of an indirect or consequential nature, unless the liability is based on an assurance intended to protect against the risk of such loss. Major obligations include obligations the material breach of which would undermine the entire purpose of the contract and the fulfilment of which the contracting party may therefore, as a rule, assume will be met. In the event a major obligation is breached, the Operator shall be liable for any tortious activities of its legal representatives, directors, officers or other agents. Except in the case of intent, gross negligence or a breach of contract (major obligations), the liability of the Operator is limited to the reasonably foreseeable loss at the time the contract is signed. The aforementioned exclusions and limitations of liability do not apply to damages resulting from death or bodily injury, the assumption of a guarantee of quality or fraudulent concealment of defects by the Operator. In any case, liability under the German Product Liability Act (ProdHaftG) and other claims arising from manufacturer liability shall also remain unaffected thereby. Claims for damages against the Operator shall come under the statute of limitations twelve months after the date on which the claim arose and the creditor became aware, or should have become aware if not for gross negligence, of the circumstances giving rise to the claim. Excluded from this shortened statute of limitations are claims for damages in the sense of the preceding paragraph.
The Operator cannot, with technology, prevent that data provided on the UniHeads job platform is filtered out by (job) search engines (e.g. Google, Kimeta). The Operator therefore accepts no liability for possible infringements of the Partner University’s rights or those of third parties which arise as a result of data being filtered out, unless, in exceptional cases, the Operator caused such infringement intentionally or through gross negligence. The Operator is not obligated to the Partner University to take action against third parties who use filtered data, even if the use by third parties is unauthorised or violates bans.
8. Data Protection
9. External Links
The UniHeads job platform contains links to external websites. Because the Operator has no influence over these websites, the Operator cannot be held responsible for their content. The legal responsibility, also in terms of data protection, lies exclusively with the operators of the external websites. At the same time, the Operator expressly bears no responsibility for any illegal content on these sites or any further hyperlinks with illegal or offensive content.
10. Place of Jurisdiction
The place of jurisdiction and the place of performance is Munich, Germany.
11. Updates to the Terms and Conditions
UniHeads updates its GTCs from time to time. The Partner University must accept the version as amended when posting job ads by actively checking the box to agree to the GTCs when putting in an insertion order online or by confirming the same on the online order form when using the job listing service. Unfortunately, job ads cannot be posted on UniHeads without agreeing to the GTCs.