General Terms & Conditions of business for the PsychJOB online job market
PsychJOB is an online job market that links employers and applicants in the field of psychology. PsychJOB provides employers with the opportunity to publish job advertisements and present company profiles. Applicants can create individual profiles, upload their CV and apply directly for advertised vacancies.
The following Terms & Conditions apply both to business transactions between merchants and to contracts between entrepreneurs and consumers. A consumer is any natural person who concludes a legal business transaction for purposes that cannot be associated primarily with their commercial or independent professional work. An entrepreneur is any natural or legal person or partnership with legal capacity who, in concluding a legal business transaction, exercises their commercial or independent professional activities.
These General Terms & Conditions also apply to future business relationships in respect of entrepreneurs without express reference to them being required again. Alternative agreements, in particular any business terms of the client that conflict with these, require the consent of the publishing house.
I. General provisions
1. Data protection
The data protection policy form is part of the contract.
2. Registration as a user
(1) You can register with PsychJOB free of charge. You do not have a right to be accepted. Only persons with unlimited legal capacity are entitled to participate. You must complete the electronic registration form on our website to be accepted. The data required for registration shall be provided in full and truthfully. Your personal access data and password are required for registration. You are obliged to keep the password secret and not to disclose it to third parties under any circumstances.
(2) Following registration, you will receive a Hogrefe ID. This user account can be used for the entire online world of Hogrefe. If you already have a Hogrefe ID, re-registration for PsychJOB is not necessary. It is sufficient to log in with your existing details.
(3a) Employers have the option of setting up master data in their “Login Profile”. This is saved on PsychJOB and used, for example, when issuing invoices. Information about the company name, contact and address are mandatory entries and must be completed by the employer.
DGPs (German Psychological Society) members have the option of adding their membership number in the specified field, which allows them to place job advertisements under special conditions.
(3b) Applicants create an “applicant profile”. This is required for an application process through PsychJOB. In order to create a profile of this sort, applicants are required to provide their full name, address, desired job title, professional area, type of employment and current career status. In addition to this mandatory information, other information can be provided voluntarily. This also includes the option of uploading an application photo and integrating it into the PsychJOB profile. A detailed CV can be saved under “CV”. In the applicant profile, it is also possible to set up a JobAgent, which allows applicants to receive new offers by email and search for specific companies.
(4) If your personal details change, you are responsible for updating this information. All changes can be made online after you have logged in under “Login”.
3. Subject matter of the Agreement
The subject of the Agreement is the publication of job advertisements submitted by you. Please see our overview of prices for the key features of the advertisement types that we offer.
II. Conclusion of the Agreement and conditions
1. Steps to conclude the Agreement and contract text for employers
(1) The price list for the respective advertisements constitutes a binding offer on our part.
A binding offer on your part, pursuant to Section 145 of the German Civil Code (BGB), is issued only when an advertisement is placed..
(2) Once you have selected “Create job ad” and chosen from three types of job (Job by template, Job by link or Job by PDF), the order pathway through to publication of your advertisement comprises the following steps:
- Creation of the job advertisement: Information must be provided about the title, description (Job by template) or link (Job by link) or PDF (Job by PDF), company/organisation, location, type of appointment, professional field and application process before you can move on with “Continue”. Other, optional information can be provided. This includes the option to integrate the company logo into the job advertisement.
- Open the preview to check the details by clicking on “Continue”
- Select additional upgrades so that the job advertisement can be found more easily, with “Continue”
Verification of all details in the order summary and selection of invoice address, followed by binding submission of the order by clicking on the option “Order and pay now”
- Automatic delivery of invoice by email
- Display of the active/inactive job advertisement in the “Manage job ads” section in the dashboard area (= conclusion of contract)
(3) Your fee-based order (= offer within the meaning of the BGB) is completed with the “Order and pay now” button.
(4) Before the binding submission of the advertisement you have created, you can return to the page on which the details were compiled by clicking the “Back” button on the Internet browser you are using in order to correct any input errors after you have checked your details. You can cancel the order process by leaving it or closing your Internet browser.
(5) Existing job advertisements can be edited in various ways. In the “Actions” field, the employer has the option to choose between the actions “edit, deactivate, delete, extend and translate”.
(6) When we accept your offer, we place the advertisement submitted online. With the email invoice/order confirmation, you will receive the contract text and the Terms & Conditions. We store the complete text of the advertisement. You can access this contract text online in your customer area.
2. Prices and payment conditions
(1) The agreed price is due for payment without discount on receipt of the invoice to the publishing house’s bank account. You receive the invoice by email to the invoice address you have specified.
(2) Payment periods are deemed to have been met if the publishing house is able to dispose of the amount within the period.
(3) If you cancel your payments, you are insolvent or insolvency proceedings have been filed, the total claim of the publishing house is due for payment immediately.
III. Right of cancellation and cancellation policy
Consumers have a statutory right of cancellation. We do not allow entrepreneurs a voluntary right of cancellation.
1. Cancellation policy
(1) Right of cancellation
You have the right to cancel this agreement within fourteen days without specifying reasons. The cancellation period is fourteen days from the date of conclusion of the Agreement.
In order to exercise your right of cancellation, you must notify us (Hogrefe Verlag GmbH & Co. KG, Merkelstraße 3, D-37085 Göttingen, telephone: 0551/99950-0, fax: 0551/99950-111, email: email@example.com) of your decision to cancel this agreement with an unambiguous statement (e.g. by a letter sent by post, fax or email). You may use the attached cancellation form for this purpose, although it is not a requirement.
In order to comply with the cancellation period, it is sufficient to have sent the notification of your decision to exercise your right of cancellation before the cancellation period expires.
(2) Consequences of the right of cancellation
If you cancel this agreement, we shall immediately repay all of the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you have chosen a type of delivery different from the cheapest standard delivery offered by us), at the latest within fourteen days of the day on which we received your notification of cancellation of this agreement. For this repayment, we shall use the same method of payment as the one you used for the original transaction, unless an alternative arrangement has been expressly agreed with you; charges shall not be made to you for this repayment under any circumstances.
If you have requested that the services begin during the cancellation period, you shall pay us an appropriate amount that corresponds to the proportion of the services provided up to this point in relation to the total scope of the services described in the agreement.
– End of the cancellation policy ;
2. Expiry of the right of cancellation
Your right of cancellation shall expire prematurely if you expressly demand and simultaneously agree that we should begin with the commissioned service before the cancellation period elapses..
3. Sample cancellation form
(If you wish to cancel the Agreement, please complete this form and return it to us.)
Hogrefe Verlag GmbH & Co. KG, Merkelstraße 3, D-37085 Göttingen, Phone: 0551/99950-0, Fax: 0551/99950-111, Email: firstname.lastname@example.org
- I/we (*) hereby cancel the Agreement concluded by me/us (*) for the purchase of the following goods (*)/ provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in the case of notification on paper)
- Signature of the consumer(s) (only in the case of notification on paper)
(*) Delete as applicable
IV. Rights of third parties and removal of prohibited content
(1) The advertisements created including the text, images and links they contain are external third-party content for which the publishing house is not responsible. In particular, we are not obliged to monitor third-party content or check it for compliance with the law. We reserve the right to remove advertisements and block users insofar as we have legitimate grounds to believe that advertisements breach statutory requirements, official bans or third-party rights or offend common decency.
(2) You shall assure us on transfer of the advertisement text and image material that you own the rights to them. You grant us the right to use and publish all advertising elements (images, texts, etc.) for the agreed publication period.
(3) We wish to point out that use of material protected by copyright (text, images, etc.) in the advertisement is prohibited unless you have corresponding consent from the copyright holder. You are also responsible for the advertisement’s compliance with the law in other respects and must comply, in particular, with the provisions of the German Copyright Act and Unfair Competition Act.
(4) We reserve the right to reject orders for advertisements without specifying the reasons. We are further entitled to remove advertisements that have already been published from our website if we ascertain that or our attention is drawn by third parties (by a warning or similar) to the fact that advertisements breach statutory requirements, official bans or third-party rights or offend common decency. The same applies if links are provided within the advertisement to pages with prohibited content. You do not have a right to reimbursement in these cases.
(5) You shall indemnify us on initial request against all claims made by third parties on the basis of prohibited content or other breaches of the law that are pursued against us.
V. Limitation of liability and warranty
(1) In view of the current state of technology, data communication over the Internet cannot be guaranteed to be fault-free and/or available at all times. To this extent, we cannot accept liability for continuous, uninterrupted availability of our online job portal. If our servers crash, we shall undertake all reasonable steps to restore availability promptly.
Wherever possible, we shall carry out maintenance work between the hours of 10:00 p.m. and 4:00 a.m. Maintenance periods do not constitute a deviation from the agreed quality of service if the downtime does not exceed 3% of the billing period. Downtimes that are the result of unforeseen system failures for which we are not responsible shall not be considered (e.g. force majeure, system backup, virus attacks, etc.).
(2) The publishing house reserves the right to modify, extend, limit or suspend the functions of the environment in which the advertisements are published at any time and to delete advertisements that have expired at any time and without further notice. We further reserve the right to place advertising, including our own advertising, in the job advertisement environment to a reasonable extent.
(3) We wish to point out that, in view of the current state of technology, copying, linking or framing of job advertisements by third parties cannot be prevented. The publishing house can therefore not accept liability in this connection.
(4) We are always liable without restriction for claims for damages that have been caused by us, our legal representatives or vicarious agents.
- in cases of loss of life, physical injury or damage to health
- in cases of intentional or grossly negligent breach of obligation
- in the case of guarantee promises, if agreed
- insofar as the area of application of the German Product Liability Act is affected.
In the case of a breach of material contractual obligations, the fulfilment of which enables execution of the Agreement in the first place and on compliance with which the Contracting Partner may normally expect to rely (cardinal obligations), as a result of minor negligence by us, our legal representatives or vicarious agents, liability is restricted to the amount of damages that were foreseeable on conclusion of the Agreement and the occurrence of which may typically be anticipated.
(5) Compensation claims are otherwise excluded. We cannot accept liability for breach of obligations other than those specified above as a result of minor negligence.
VI. Quality assurance
Our aim is to provide you with a job portal with the features that you can expect on the basis of our presentation. If, however, you are not satisfied, we ask you to provide us with feedback. In this way, we can find a solution together.
Please direct any complaints to: Hogrefe Verlag GmbH & Co. KG, Merkelstraße 3, D-37085 Göttingen, Telephone: 0551/99950-0, Fax: 0551/99950-111, Email: email@example.com
VII. Consumer dispute resolution - Obligatory information in accordance with Regulation (EU) 524/2013 of the European Parliament and Council:
Link to the homepage of the body for online resolution of disputes under consumer law of the European Commission: http://ec.europa.eu/consumers/odr/.
We are not obliged to participate in a dispute resolution process before a consumer dispute resolution body and, as a matter of principle, we are not prepared to do so. We are available to respond to your initial enquiries about possible dispute resolution at firstname.lastname@example.org
VIII. Concluding provisions
(1) The language of the Agreement is German..
(2) The Agreement is governed by the law of the Federal Republic of Germany, with the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the country in which you are normally resident remain unaffected. For agreements in which a consumer is not involved, the place of performance is the company’s registered office in Göttingen.
(3) If you do not have a general place of jurisdiction within Germany or if you move your domicile abroad after conclusion of the Agreement or your domicile is not known when action is taken, the place of jurisdiction for all disputes is Göttingen if you are a merchant or a legal person under public law.
(4) If individual provisions of this Agreement are invalid or contradict statutory regulations, the rest of the Agreement shall remain unaffected. The invalid provision shall be replaced by a legally valid provision which comes as close as possible to the economic meaning and purpose of the invalid provision, by mutual agreement between the Contracting Parties. The above regulation also applies to loopholes in provisions.