A. SPACE INDIVIDUALS - TERMS AND CONDITIONS

I. Scope

a) Operator of the portal www.spaceindividuals.com (hereinafter Space Individuals) is Igor Zagnienski, sole proprietor.

b) The following conditions apply for all users, employers as well as job seekers, of Space Individuals and the services provided on the portal.

aa) Job seekers are users who visit Space Individuals to get information regarding open positions or who apply for specific positions.

bb) Employers are users who, as business, merchant, individual etc., contract Space Individuals to create job advertisements or who publish open job positions on the portal themselves. Job seekers and employers are hereinafter called user.

c) We point the particular business relationship out for the job seeker (see B) and the employer (see C). When in doubt, the special terms and conditions precede the general terms and conditions.

d) By using the portal, the user confirms that he has read, understood and agreed to the general terms and conditions.

e) Every user of the portal Space Individuals enters into a binding contract by visiting the website. Any kind of access, e.g. by changing settings, looking through job postings, as well as any kind of use and the visit of Space Individuals as well as any kind of delivery or acceptance of declarations of intent occur solely on the basis of these terms and conditions. Variations of these terms and conditions are only valid if they have been confirmed by Space Individuals in writing.

f) Space Individuals reserves the right to make changes to the existing terms and conditions at any time. Space Individuals will notify the user in a timely manner about the changes of the current terms of conditions. Changes will be announced to the user on the homepage and possibly via email. The user agrees to the changes if he does not object the changes within one month after receipt of the change notification and/or cancels an existing contract. Space Individuals has the right to cancel an existing agreement in case of an objection by the user.

II. Contents

a) Space Individuals is an internet portal to bring together employers and job seekers, especially via job openings and job postings.

b) Space Individuals provides the following services:
- Job postings for the employer
- Information regarding the employer
- Option for online application for job seeker
- Profile of job seeker

c) Employer will provide detailed information about an open job position and the option to enter into a service agreement in form of an employment contract. Job seekers have the option to apply for the position via mail/online form.

d) Employers have the option to give a detailed description of their company, requirements, offers, operation, etc.

III. Payment obligation

Space Individuals offers free and fee-based services. Fee-based, meaning subject to payment liabilities, are only those services that are explicitly marked fee-based by Space Individuals (e.g. posting of job ads).

IV. Disclaimer of warranty and determination of contractual object

a) Space Individuals is not responsible for any kind of specific success: Space Individuals is not responsible for the actual delivery of potential new employment contract partners nor the success of entering into service agreements or employment contracts.

b) Furthermore, Space Individuals is not responsible for the location or existence of the information and/or data that the user is looking for. Space Individuals is solely responsible for the general existence of the website and its’ general access.

V. Copyright, rights to content and privacy protection

a) Space Individuals owns any and all copyright and other property rights and the rights of use to the pages of this portal, incl. logo, layout, software and specific contents.

b) After registration, users are permitted to put up their own content at the appropriate places in the portal. User generated contents are not published on behalf of Space Individuals. Space Individuals does not appropriate those contents and their statements and dissociates themselves explicitly from all user generated or otherwise recognizable foreign, meaning not originating from Space Individuals, contents. Space Individuals reserves the right to delete user generated contents in part or completely.

c) The user guarantees that all own content or parts of it published by him on Space Individuals or provided to Space Individuals by him for the purpose of publication are devoid of third party rights. By entering into a possible agreement with Space Individuals, the user agrees that he owns all required copyrights, ancillary copyrights and other rights to the documents and information provided by him and/or said documents and information are at his disposal. Copyright notices and/or brand names and/or other legal reservations within the contents cannot be altered or removed. The user is obligated to ensure the acknowledgment of the authorship.

d) The user will indemnify Space Individuals from all claims that might arise if the right of use was not effectively granted and/or transferred, the information was posted in non-compliance with the data protection, information was provided with content that violates penal provisions or civil claims have been triggered by incorrect content or illegal actions and/or a third party’s personal rights were violated. The user will compensate Space Individuals for all damages stemming from violation of any of those provisions on first demand.

VI. Liability

a) Space Individuals is liable for damages irrespective of their legal grounds in case of intentional or gross negligence and if Space Individuals has fraudulently concealed a defect or guaranteed for their absence.

b) Furthermore Space Individuals is liable for simple negligence only for damages resulting from the violation of a major contractual obligation (obligation necessary to properly execute the contract and the compliance of which the contracting party constantly relies on and should be able to rely on); in this case however, the liability is limited to the replacement of the foreseeable, typically arising damage.

c) A liability for damages resulting from damages to life, limb or health and in compliance with the product liability law remains unaffected from the previous liability limitations and exclusions.

VII. Other

a) Place of Jurisdiction: For all disputes arising from this agreement, unless determined otherwise due to legally binding reasons, the place of jurisdiction is Munich.

b) Choice of law clause. For this agreement, German law applies with the exception of the provisions of international civil law.

c) If a provision within these terms and conditions or a provision as part of another agreement is or becomes invalid, all other provisions or agreements will remain in effect.

B. SPECIAL TERMS AND CONDITIONS FOR JOB SEEKERS

The following special terms and conditions apply to all job seekers who want to get information about open job positions through Space Individuals, who want to post their CV to their profile and/or who want to apply to certain positions. When in doubt, these special terms and conditions precede the general terms and conditions.

II. Registration, set up of account, cancellation of account

a) For certain offers, the job seeker needs to complete a registration using personal data (user name, password, email address, etc.) and agreeing to these terms and conditions. Username and password may be chosen by the user. Every user can only register once. For any further use, he needs to log in with the user information (username and password) assigned when first registering. The authorization is only valid for the user himself and cannot be transferred. The user is obligated to keep his access information safe. If a user finds out about a misuse of his login, he needs to notify Space Individuals immediately and change his password right away to prevent access of unauthorized persons. Space Individuals is not liable for damages resulting from unauthorized or improper use of password protected logins of the user.

b) The contractual relationship between the user and Space Individuals is entered into with the completion of the registration process and the contract term is indefinite. The contract can be terminated by either party at any time without observance of any notice periods. The cancellation has to be submitted in writing or in text form (explanation via email, letter). In case of a permanent termination of a service that is subject to mandatory registration, the agreement is deemed terminated even without a special termination explanation.

c) The job seeker does not have any proprietary rights to his account. If he terminates his account with Space Individuals or Space Individuals terminates the account, all account information will be deleted. The information may still be available on the webserver for a short time period after the cancellation due to a delay in the spreading of the cancellation action on the web servers.

d) Space Individuals reserves the right to delete a user account and all information connected to that account if it has been inactive for a longer period of time.

I. Data protection and accuracy of information

a) All information provided by the job seeker is treated confidential. The personal information will be processed and used according to the appropriate statutory provisions and the Space Individuals data protection provisions. The job seeker knows and agrees that his information will be saved. He can object to the saving at any time.

b) The job seeker is obligated to accurately state all information, especially personal information. Space Individuals is not responsible for the accuracy of posted information.

C. SPECIAL TERMS AND CONDITIONS FOR EMPLOYER

The following special terms and conditions are valid for all potential employers, meaning businesses, businessmen, individual persons, etc. who hire Space Individuals to create or post job openings on Space Individuals. When in doubt, the special terms and conditions will have priority to the general terms and conditions.

I. Conclusion of contract

Contracts between employer and Space Individuals are entered into when Space Individuals receives the acceptance of a contract offer in another electronical form (e.g. via email or completing the form on the Space Individuals website). If the employer changes the content of the contract offer, Space Individuals needs to explicitly agree to the new conditions for the contract to be valid. A service provision does not count as an implied acceptance. The appropriate current price list applies.

II. Payment liabilities and payment terms

a) Employers have the option to post job openings. This service is free of charge until 31.08.2017. Starting on 01.09.2017, the (posting) of a job opening will be subject to fees. The exact amount depends on the duration and set-up of the ad. The price will be determined according to the current appropriate Space Individuals price list. The employer can request a copy of this price list at any time.

b) The fees determined as part of the contractual agreement are due immediately and will be charged before the information is entered by the employer.

c) If no payment is made within the deadline according to the terms, the employer will be obligated to pay interest in the amount of 7% over the claim’s base interest rate. Space Individuals explicitly reserves the right to determine a higher damage. In case of default, Space Individuals has grounds for extraordinary termination and has furthermore the right to terminate the contractual services effective immediately and without notice.

III. Placement of job ads

a) Contracts regarding the placement of job ads or other ads are usually limited to a period of one month and end automatically at expiration of the agreed upon period. An ordinary termination before expiration is not possible for either party. This does not apply to an extraordinary termination with existence of an important reason. The employer decides the duration of the ad. If not chosen otherwise, the standard term of one month applies.

b) The layout of the job ad will be done using a Space Individuals standardized form. The ad will be created after the employer provides the information (email address, last and first name, company, logo, company description (about, location, contact information, website, links for social media accounts, photos, videos, job ads). The employer will then get access to the job ad and can make changes within the framework of the modular system. Text, logos and graphics will be accepted in the common formats. Space Individuals reserves the right to change, add to or reduce the allowed formats at any time.

c) The employer will be able to make changes to the text and layout of the job ad even after the order placement.

d) Space Individuals is not responsible for data, ad text or storage media regarding this provided by the employer and is especially not obligated to safe or return them to the employer.

e) Companies with an ownership structure of over 50% can jointly use the job ads. For ownership structures of below 50%, a joint usage of job ad quota is excluded.

IV. Claims for defects

a) Space Individuals guarantees the implementation of the service ordered by the employer, to be generated by the job and to be published in the internet at usual technical standard.

b) Claims for defects are not existent neither for just insignificant discrepancy of the agreed upon quality nor for just insignificant disruption of usability. Claims need to be reported and reprehended immediately by the employer in writing, latest 7 days after publication on the internet. Space Individuals provides a liability for defects initially only by supplementary performance in terms of a longer ad term of the possibly corrected ad. Only if this fails, the employer will be able to request a reduction or exercise his right of withdrawal.

c) All warranty claims of the employer become time-barred after one year, calculated from the time the employer acknowledged the defect or should have acknowledged the defect without gross negligence.

V. Obligation to provide a masthead, data protection law and liability

a) The respective employer is responsible for the citation of all required information according to § 5 TMG (Obligation to provide a masthead).

b) The employer is solely responsible for correctness of the content provided by him for publication according to press, competition and other law. He releases Space Individuals in regards from third party claims.


Issue date: September 2017