1. Scope, definitions

  1. These T&Cs apply to the use of chargeable services provided on the www.jobberbee.de website (hereinafter the "website").
  2. The website is operated by the JobberBee AG, Hildegard-Jadamowitz-Str. 26, 10243 Berlin, (hereinafter "JobberBee"). By subscribing to the chargeable services, the customer of JobberBee is concluding a chargeable licence agreement with JobberBee and will agree to the following provisions.
  3. Upon registration Users must accept the website's Terms and Conditions of Use. These Terms and Conditions of Use regulate the relationship between both JobberBee and the Users, and the relationship of the Users among themselves. These Terms and Conditions of Use can be found at www.jobberbee.de/terms_of_use and they constitute an integral component of the Agreement between JobberBee and the Users regarding the use of chargeable services.
  4. Consumers are persons as defined in Section 13 German Civil Code (BGB), i.e. natural persons who enter into the respective legal transaction for a purpose that forms neither a part of a commercial nor of a freelance activity. In all other cases Members are deemed “entrepreneurs” within the definition of Section 14 German Civil Code (BGB).
  5. Use of the chargeable services is only permissible with these T&Cs included. Members therefore agree that the terms and conditions of this Agreement will form the basis for using the chargeable contents on the website.

2. Scope of services

  1. JobberBee may be used with a free membership account ("personal account" for consumers, or "company account" for "entrepreneurs" – commercial entities).
  2. The chargeable contents for these accounts provide Users with extensive options that include more comprehensive profiles and additional contact options. The specific services provided by the various packages and the costs payable can be viewed on the website.
  3. Jobberbee allows you to publish job offers immediately or under the terms of a subscription.
    1. Immediate purchase: The registered User can book the publication of a job offer as an immediate purchase by using the "Single purchase: Post offer" button. Immediate purchases can be made independently of the User's current subscription and any number of times. The User can review and change data to be submitted at any point before sending an order.
    2. Subscription: In addition, the User may create a subscription for publishing job offers. Further information is provided in Section 4 of these T&Cs.
  4. JobberBee reserves the right to suspend the availability of chargeable services or parts thereof or to change said services at any time without prior notice.

3. Conclusion of contract

  1. The display of the chargeable services on the website constitutes a legally binding offer made by JobberBee.
  2. Otherwise, subject to errors excepted.
  3. The User may select and book the services it requires from the chargeable services. By submitting the order via the "Pay with PayPal" button, a binding and chargeable licence agreement will be established between JobberBee and the User.
  4. JobberBee will then send an automatic booking confirmation to the User by email, detailing the services subscribed to by the User and which the User can print out using the "Print" function of its email client.

4. Provisions for Job-Offer-Subscriptions

  1. The User can take out a subscription for a period of one month in the form of a subscription commencing on the exact day of booking. This will renew automatically on a monthly basis unless terminated by the User prior to the end of the respective term within the required period of notice.
  2. The subscription term begins at midnight of the day the subscription is made and ends at midnight of the same date of the following month. If the following month does not contain such a date, the nearest existing date will apply in that particular instance.
  3. The individual services (based on the type of the subscription selected) will be provided per complete calendar month, which will therefore usually differ from the billing month. As of the validity of a subscription, the booked individual services will be charged to the whole calendar month including the services already called for during the current month.
  4. This principle will be applied analogously in the event that services are cancelled or downgraded. For the remaining period of the calendar month, the Member will only be able to use those services that are available under the now valid package, less the already used up services of the higher package that was valid until the cancellation in that month. This may mean that the services following the cancellation are already fully used up for the calendar month in question (specific example - following the cancellation of a subscription, the number of job offers contained in JobberBee Free are already used up and will only be available again as of the beginning of the next calendar month).
  5. The subscription can be cancelled at any time in the “Settings” section under the heading “Bills”.
  6. The notice of termination of chargeable services must be submitted at least two calendar days prior to the end of the current subscription month and will take effect to the end of the next period of validity.
  7. Fees already paid for the current month will not be reimbursed when the subscription is cancelled.
  8. If the notice of cancellation of a subscription is not given in time, the fees will be charged for the month following the cancellation notice, i.e. the subscription will be automatically renewed for a further month.

5. Charges, conditions of payment

  1. The User will be notified of the specific charges for the booked version of the chargeable services prior to the conclusion of the agreement. The charges listed by JobberBee include the value-added tax at the applicable rate.
  2. Payment can be made by PayPal. By entering the payment data, the User agrees that JobberBee may collect the payments on a monthly basis from the selected payment account (PayPal) in the sense of a subscription process.
  3. The first payment of the agreed charges will be immediately due upon the conclusion of the agreement. The payment of the monthly subscription fee is due on each first day of validity; due to technical reasons the sum may debited from the payment account at a later date.
  4. Every User subscribing to chargeable services may access the monthly provided invoices through its profile in the separate section "Subscription - Invoices". The User may download invoices covering the last 12 months from this section. In addition, invoices in PDF format will be sent monthly by email.

6. Blocking membership accounts, termination of membership, cancellation of chargeable services

  1. In the event of any breach of these T&Cs or the Terms and Conditions of Use, JobberBee will be entitled to terminate the contractual arrangement with immediate effect (see Section 9 of these T&Cs) and may block the membership account immediately. Any payments already made will not be reimbursed for the current month under any circumstances.
  2. The membership can be cancelled at any time by removing the account in the “Settings” section. Upon the cancellation of the membership, any chargeable licence agreements (subscriptions) will be automatically terminated in accordance with the notice periods described in section “Provisions for Job-Offer-Subscriptions” (Section 4 of these T&Cs). The User will in any case receive an email containing a written confirmation of the termination of the membership or the cancellation of the chargeable services.
  3. Fees already paid for the current month will not be reimbursed when the membership is cancelled.

7. Liability in accordance with “German Teleservices Act”, limitation of liability

  1. Members acknowledge that JobberBee assumes no responsibility for contents on the website not created by JobberBee itself or which JobberBee has not acknowledged.
  2. Except in case of death or personal injury or the breach of significant contractual obligations (cardinal duties), JobberBee is only liable for damage it has caused wilfully or through gross negligence. This applies equally to indirect consequential damage, especially to lost profit.
  3. The limitation of liability contained in these terms and conditions applies equally for the benefit of our employees and vicarious agents.
  4. Claims based on liability imposed by mandatory national law remain unaffected.

8. Legal notice regarding right to withdrawal

Right to withdrawal

You have the right to cancel this contract within fourteen days without providing a reason. The withdrawal period is fourteen days from the date the contract is concluded. To exercise your withdrawal right, you must contact us (JobberBee AG, Hildegard Jadamowitz Strasse 26, 10243 Berlin, Phone: +49 30 92271831, email: info@jobberbee.de) by means of a clear statement (e.g. inform us by post, fax or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not obligatory. In order to meet the cancellation deadline, you should send your statement concerning the exercise of your withdrawal right, before the withdrawal deadline.

Consequences of withdrawal

If you withdraw from this contract, we will reimburse all payments we received from you, including delivery costs (except for the additional costs arising from the fact that you chose a different method of delivery instead of the cheapest delivery method as offered by us), and immediately repay you, at the latest within fourteen days from the date on which the contract withdrawal notice is received by us. For this repayment we use the same method of payment that you used in the original transaction, unless you explicitly agreed otherwise; in any case, you won’t be charged repayment fees. If you require the services to commence during the withdrawal period, you have to pay us a reasonable amount for services rendered in the period of time until your notification of withdrawal from this contract, compared with the corresponding total amount provided in the scope of services.

End of withdrawal policy

Special Notes

Your withdrawal right expires prematurely if the contract is completely fulfilled by both parties at your explicit request, before you have exercised your right to withdrawal.

9. Amendment of these T&Cs

  1. JobberBee is entitled to amend these Standard Terms and Conditions. Any such amendment will only be made on the basis of reasonable and material reasons and only if the amendment will not affect the contractual equilibrium to the detriment of the Members. Such reasons may be, for example, legal or technical developments or experiences gathered from User behaviour or if the contractual provisions contain unintentional gaps. Users will be notified of the amendment by email and/or upon the next visit to the website.
  2. Members are entitled to object to the amendments. If such an objection is raised, JobberBee reserves the right to terminate the existing contractual arrangement between JobberBee and the Member with immediate effect.
  3. Amendments are deemed acknowledged and binding if the Member does not object to them within 14 days.

10. Concluding provisions

  1. Agreements between JobberBee and the Members shall be governed by the Law of the Federal Republic of Germany under the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
  2. Where the Member is a "merchant", a legal person constituted under public law or a public law special fund, the legal venue for all disputes arising from contractual arrangements between the Customer and JobberBee shall be the district of the Regional Court of Berlin.
  3. Unless otherwise expressly agreed or unless applicable mandatory consumer protection provisions stipulate an alternative location, the place of performance is the registered address of JobberBee.
  4. JobberBee will email an order confirmation to the User upon booking of a chargeable service. The Member may view and save these T&Cs at any time by visiting www.jobberbee.de/terms_and_conditions.
  5. The contractual language is German, unless applicable mandatory consumer protection provisions stipulate otherwise.
valid as of: June 2016