Terms and Conditions

1. Scope of application

The Seasonary GmbH, Rosenstraße 92a, 01159 Dresden, Germany - hereinafter referred to as Seasonary - operates the job portal Seasonary via its website seasonary.com. These terms and onditions apply to all contracts between the advertising employers or clients - hereinafter referred to as AG -, employees - hereinafter referred to as AN - and Seasonary.

2. Basics of cooperation

2.1

By registering, AN and AG accept Seasonary's terms of business and use.

2.2

The AG grants Seasonary a worldwide, non-exclusive, gratuitous, transferable licence - with the right to sublicense - and a right of use, unlimited in time, to the posted offers, text and image materials for the purpose of presentation on the job portal seasonary.com and all associated distribution channels (including social media).

2.3

By placing the order, the AG confirm that they hold all the necessary rights of use to the image materials and data they have placed and that they can dispose of them freely. If protected rights of the advertiser (trademark rights and copyrights) are used in the publication of the advertisement, the advertiser shall grant permission to use these rights when placing the order. In particular, they undertake not to infringe applicable trademark, labelling, copyright and competition law or the personal rights of third parties when creating or transmitting their own content to be published.

2.4

Seasonary is entitled - even without consultation with the AG - to incorporate sent or approved text and image materials for the purpose of fitting them into the job portal.

2.5

The AG shall ensure and declare that they are the owners of the copyrights or rights of use and that the rights of third parties do not conflict with the exploitation. Any necessary consents have to be obtained by the AG independently. As far as claims of third parties nevertheless exist, the AG indemnify Seasonary from these claims and will compensate Seasonary for all resulting damages. Seasonary is not obliged to check whether the advertisement infringes or impairs the rights of third parties.

2.6

The AG are fully responsible for the accuracy, completeness and updating of their offers themselves. In particular, they must ensure that they have the right to use the content used in the offers, such as photos, company-specific data and contact information.

2.7

The requirements of the General Equal Treatment Act must be complied with by the AG.

2.8

The AG may only post offers that are compatible with the purpose of the job portal; in particular, they must be directed towards the establishment of employment or training relationships and clearly specify the position to be filled. In particular, the following offers may not be posted on the Seasonary job portal:

  • Offers that violate applicable law, morality or human dignity or official prohibitions or infringe the rights of third parties, e.g. Minimum Wage Act, Occupational Health and Safety Act, Working Hours Act, General Equal Treatment Act and Copyright Act.
  • Offers of jobs in the erotic or prostitution industry.
  • Offers that serve, in whole or in part, purely advertising or business purposes or the promotion of products or services.
  • Chargeable offers of any kind, unless the charge is regulated by law.
  • Offers that contain incorrect, inaccurate or misleading facts and/or mislead about the identity of the provider.
  • Offers that only serve to gain business or distribution partners or to operate so-called pyramid schemes
  • Advertising for club or association memberships,
  • Advertising for participation in illegal structural distributions (§16 UWG).

2.9

In the event of violations of Seasonary's terms of use and business conditions or in the event that legal violations are to be feared through a job offer, Seasonary is entitled to remove corresponding offers immediately and without prior notification to the AG, to delete the associated user account as well as to temporarily or permanently block access to the job portal. The AG of the job advertisement will be informed of this immediately. If the legal concerns are resolved, the job advertisement in question can be posted again. If the legal concerns remain, the job offer remains removed. This shall not give rise to any claims for compensation or reimbursement on the part of the AG. The AG's payment obligation shall continue to exist without restriction.

2.10

Insofar as Seasonary has received the email address of the client in connection with the registration, Seasonary is entitled to send the client information and further commercial communication regarding the ordered and similar services of Seasonary by email or push notification even after the expiry of the contract. The AG can object to this at any time informally and free of charge by e-mail to Seasonary with effect for the future.

3. Advertisement order

3.1

The basis for the publication of job advertisements on seasonary.com is a binding advertisement order confirmed online by the AG. The contract with the AG comes into effect either through the creation of an employer account and the associated intention to purchase or through the publication of the advertisements requested by the AG. The conclusion of the contract is not connected with any transfer of ownership, rights of use or other rights or licences to Seasonary's software. The publication of a job advertisement is only guaranteed by Seasonary if the AG provides all necessary information and company picture material in the respective required file formats.

3.2

Advertisements can be booked once with various fixed terms or as a subscription.

3.2.1

In the case of one-time creation, advertisements are published for a fixed term. The running time is to be selected from the offers valid at the time of the contract. The publication ends automatically with the expiry of the last day of the agreed term without any action on the part of the advertiser being required. The term can also be paused as often as desired (on a daily basis). However, the term is limited to 2 years after initial publication. If unused advertising days remain after 2 years, they shall expire without compensation.

3.2.2

In the case of a subscription, advertisements are published permanently in accordance with the offer selected at the time of the contract. Subscriptions do not have a minimum term. The subscription can be cancelled at any time without notice to the end of the contract month. Cancellation can be declared to Seasonary via a web form or in writing. If no notice of cancellation is given, the subscription will be automatically renewed for a further 30 days without the need for an express declaration.

3.3

The AG is entitled to change, deactivate or delete a published offer in the respective AG profile at any time and without giving reasons. Paragraph 2.8. shall apply accordingly. In the event of an amendment, the amended published offer shall continue to run for the remaining term of the original offer. In case of deletion, the advertisement will be permanently removed. The AG account remains unchanged.

3.4

Advertised job offers which are obviously no longer up to date or contain outdated information can be made inactive or removed by Seasonary without prior notification of the AG. The payment obligation of the AG continues to exist without restriction.

3.5

The AG has the right to log out of the job portal at any time without notice. This can be done directly in the user account and does not require the intervention of Seasonary.

3.6

Seasonary will retain the data and stored information of the AG for 30 days after the deletion has been carried out in the event of a desired reactivation of the account.

3.7

30 days after the completed deletion of the account, the profile data will be irrevocably removed and can no longer be retrieved.

3.8

All rights to the software used, to marks, titles, brands as well as copyrights and other commercial rights of Seasonary remain with Seasonary without restriction. The copyright to the job portal is held in its entirety by Seasonary or its legal successors.

3.9

The use of the job portal is free of charge for AN. For AG, the use of the job portal including their permanent company presentation is free of charge, but the placement and publication of job advertisements is subject to a fee.

4. Information obligations

4.1

In accordance with § 312i BGB, Art. 246c EGBGB, Seasonary provides the following information: The AG will be guided to the contractual relationship for ad placements via the following technical steps:

4.1.1

Creation of an AG profile with indication of the billing address

4.1.2

Create advertisements according to your own needs using three predefined steps: setting, contract, description

4.1.3

An advertisement preview is called up after the three steps up to placing the order. Before completing the order, the order can be checked for input errors by clicking on the Preview button. Corrections are possible by returning to the respective previous steps by clicking on the corresponding button back or by clicking on the respective heading: Setting, Contract, Description.

4.1.4

Add the advertisement to the shopping basket by clicking on the Add to shopping basket button

4.1.5

Click on Checkout by the user

4.1.6

Reading and acceptance of the Terms and Conditions by the user

4.1.7

Clicking the Book now Button

4.1.8

Order confirmation by Seasonary via e-mail to the user

4.1.9

The contract is concluded upon receipt of the order confirmation by Seasonary. The advertisement will be placed online after receipt of payment.

4.1.10

Unless otherwise agreed, the invoice for the chargeable booking shall be issued and sent to the user immediately after the order has been placed. Invoices are payable in advance, by instant bank transfer and by credit card without deductions. Other payment options may be added or deleted from time to time at Seasonary's reasonable discretion.

4.2

The payment provider or the service provider commissioned by Seasonary for payment processing is micropayment GmbH, Scharnweberstraße 69, 12587 Berlin in Germany.

4.3

The languages available for the conclusion of the contract are German and English. Other languages may be added or deleted from time to time at Seasonary's reasonable discretion.

5. Performance specification

5.1

The advertisements shall be placed online after complete preparation and payment on the date requested by the AG, whereby a checking and processing period of up to one working day may lie between receipt of the order and publication. If the advertiser has not specified a publication date, the advertisement shall be placed online immediately after completion of the required checking and processing period. Advertisements can be placed as a subscription or as a single placement. Subscriptions are booked for an indefinite period at fixed conditions for one or more advertisements. Single advertisements are booked for a fixed term. The fee to be paid is calculated according to the services included in the offers, which are explained on seasonary.com at the respective time of the conclusion of the contract.

5.2

The contract obligates Seasonary to publish the products agreed upon therein and listed on the seasonary.com website and to provide the services listed therein in accordance with these terms and conditions. In addition, the respective service descriptions of Seasonary's product-related terms and conditions apply.

5.3

Seasonary is entitled, but not obliged, to publish the job advertisement elsewhere, in particular via pages of Seasonary's partners, or to make corresponding links to pages of third parties. Accordingly, Seasonary is entitled to engage vicarious agents.

5.4

Seasonary guarantees an implementation of the services commissioned by the AG, to be provided by Seasonary and to be published on the Internet, in accordance with the usual technical standards.

5.5

Seasonary endeavours to constantly optimise the access to advertisements placed by the AG.

5.6

The AG's own layout and special placement requests cannot be taken into account. The logo of the AG will appear randomly on the start page. Special arrangements are also possible.

6. Remuneration for the service

6.1

Unless otherwise agreed in writing with Seasonary, the AG shall pay a fee for the placement of advertisements. This fee is set out in the price overview available on the internet via seasonary.com at the time of the contract.

6.2

An offer from Seasonary at a lower price than stated in the price overview is only valid with specific conditions for a specific AG and must be negotiated individually. The offer is not transferable.

7. Cost regulation and payment agreement

7.1

Invoices shall be issued after the purchase has been processed or after conclusion of the contract by both parties. Unless otherwise agreed, the payment claim is due without deduction immediately after receipt of the invoice. In the event of default of payment, Seasonary may charge default interest at a reasonable rate as well as collection costs.

7.2

In case of default of payment, Seasonary is furthermore entitled to take the job offers and/or the profile offline or to delete them, to postpone the further execution of all orders already placed or in progress until full payment of the invoice amounts due and to demand advance payment for future orders. The same shall apply in the event of justified doubts about the AG‘s ability to pay. All price quotations are exclusive of the statutory VAT applicable at the time of invoicing.

7.3

Payment by bank transfer from abroad may be accepted in individual cases, provided that all bank charges incurred are covered by the AG.

7.4

Payments by the AG shall always first be offset against the oldest existing claim.

8. Warranty and deficiencies

8.1

The placement of advertisements takes place without Seasonary guaranteeing the respective AG a certain number of online visits and applications.

8.2

Claims for deficiencies shall exist neither in the case of only insignificant deviation from the agreed quality nor in the case of only insignificant impairment of the usability. Defects shall be reported and notified in writing by the AG without undue delay, but no later than 7 days after the service elements have been placed on the Internet or on the portal.

8.3

Seasonary shall initially provide liability for deficiencies by means of subsequent performance in the sense of extending the duration of the advertisement. Only if this fails, the AG can demand a reduction or assert a right of withdrawal for individual service elements.

8.4

At the request of Seasonary, the AG is obliged to declare within a reasonable period of time whether they continue to insist on the delivery due to the delay in delivery and/or which of the claims and rights to which they are entitled they assert.

8.5

In the event of operational disruptions which lead to a temporary interruption of online placement, the AG shall be entitled to an extension of the advertisement duration by the period for which their job advertisement was not available. The AG shall not be entitled to any further claims.

8.6

The contract cannot be revoked with effect for performance elements that have already been published.

9. Liability

9.1

In the event that an inadmissible offer is posted, Seasonary is entitled to demand compensation from the user for the material and personnel costs incurred by it as a result.

9.2

The AG and the AN are responsible for the data and documents entered in accordance with the guidelines of Seasonary's Terms and Conditions.

9.3

Seasonary stores the content entered by the AG within the database. The content is displayed on the Internet on the seasonary.com website so that the information provided and released for publication by the AG can be accessed and viewed by anyone without prior registration.

9.4

Seasonary stores the content entered and uploaded by AN within the database. Seasonary grants AG who have access and an employer account on seasonary.com, access to the data of the AN after a successful application and allows them to contact this applicant at the contact information provided.

9.5

Seasonary's sub-processor listed below, SN Plus, Karl-Liebknecht-Str. 27, 09111 Chemnitz in Germany, assists Seasonary in hosting and back-up services.

9.6

The AG and the AN are not permitted to grant third parties access to Seasonary and the stored data.

9.7

The AG undertakes in particular not to pass on personal data of applicants unless this is necessary to fill a specific vacancy, to treat these confidentially and to comply with all provisions of data protection law. Applicants' data may only be processed in connection with filling a specific vacancy and applicants may only be contacted for this purpose. Seasonary reserves the right to block the AG's access in the event of infringement.

9.8

In the event that Seasonary is requested by AN to delete their data and Seasonary notifies the AG, the AG shall immediately delete all copies, files or data pertaining to a particular application.

9.9

The type of personal data is CV data, such as, in particular, contact details, details of educational background, professional experience and knowledge and interests, as well as other data provided by respective AN, if any.

9.10

Pursuant to Art. 4 No. 7 DSGVO, the AG are responsible in the sense of data protection law for the personal data processed by Seasonary in accordance with the contract.

9.11

The AG shall inform Seasonary immediately and completely if he discovers errors or irregularities with regard to data protection regulations during the examination of the order results.

9.12

The AG shall keep a register of processing activities in accordance with Article 30(1) of the GDPR.

9.13

Seasonary is only liable for damages if they are based on an intentional or grossly negligent breach of duty by Seasonary or its legal representative or vicarious agent. Liability of Seasonary for all other damages is excluded.

9.14

Seasonary is not liable for the legality, admissibility, correctness, completeness or topicality of the information that registered employers and employees post on the job portal. This is solely their responsibility.

9.15

Seasonary is not liable for the content of other websites linked to the seasonary.com platform. It does not adopt their content as its own and accepts no responsibility for it.

9.16

Seasonary is not responsible for the content of the applications.

9.17

Performance Elements placed or used on sites not operated by Seasonary may be subject to additional restrictions and requirements in addition to these Terms and Conditions and the product specific terms.

9.18

Compliance with legal requirements and prohibitions for job advertisements in other countries is the responsibility of the AG or the AN.

10. Secrecy

10.1

Upon acceptance of the offer, it is simultaneously agreed that both parties will comply with all applicable data protection laws.

10.2

For contractual purposes, the data of the AG and the AN shall be stored in machine-readable form and processed by machine. The AG and the AN have hereby been informed of this in accordance with the Data Protection Act.

10.3

The AG and the AN are advised to exercise the greatest possible care when using IDs, passwords, user names or other security devices provided in connection with the services and to take every measure to ensure the confidential, secure handling of the data and to prevent their disclosure to third parties. The AG and the AN are responsible for the use of passwords or user names by third parties. They are obliged to inform Seasonary immediately about any possible or already known unauthorised use of their access data. In case of violation of one or more of the obligations mentioned in this contract on the part of the AG and AN, Seasonary is entitled to terminate the services and remove them from seasonary.com without waiving any payment obligations of the AG.

10.4

The AG can view the data of the AN in their own employer account on seasonary.com and communicate with the AN directly after acceptance of the application; in doing so, Seasonary processes personal data on behalf of the AN within the meaning of Art. 28 DSGVO.

10.5

In connection with job applications, the AG may, under certain circumstances, also access a possibly submitted CV in the Seasonary database via the applicant administration. This process is not carried out as commissioned processing, but rather Seasonary merely provides the content stored by the applicant at Seasonary and remains responsible under data protection law; insofar as the AG use this data, they also become responsible parties within the meaning of the GDPR.

10.6

Seasonary transmits messages between the AG and the AN only as a messenger. The AG and AN provide Seasonary with the messages to be transmitted and guarantee that the messages provided do not violate applicable law or the property and personal rights of third parties. In case of unlawfully omitted or unlawful messages, the AG and AN indemnify Seasonary from all claims of third parties.

10.7

Seasonary may, at its sole discretion and without any legal obligation, occasionally offer certain services free of charge on specified terms. All free services are subject to change and may also be discontinued or terminated individually or in total by Seasonary at any time without justification. The AG and the AN have no legal claim whatsoever to the use of free services.

11. Place of jurisdiction

11.1

The law of the Federal Republic of Germany shall apply. The place of jurisdiction is Dresden. Irrespective of this, Seasonary is also entitled to sue AG at its place of residence or business.

11.2

The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

12. Written form requirements

Any deviating provisions must be in writing.

13. Severability clause

The invalidity, voidness or unenforceability of individual provisions of the contract and the Terms and Conditions shall not affect the validity of the contract and the other provisions of this agreement. The parties undertake to replace an invalid, void or unenforceable provision with a valid and enforceable provision that comes as close as possible in economic terms to what was originally intended. This shall apply accordingly to loopholes in this agreement.

Status: January 2022