GENERAL TERMS & CONDITIONS

General Terms and Conditions 

  1. General Provisions
  1. These General Terms and Conditions (hereinafter referred to as “GTC”) govern the utilization of the free services provided to job seekers and employers on the online platform www.NEOSITY.net (hereinafter referred to as the “Platform”).
  2. The operator and service provider of the website is we. GmbH, located at Lindleystr. 17, 60314 Frankfurt (“we. GmbH”). NEOSITY is a product of we. GmbH.
  1. Scope of Application

These GTC delineate the terms for utilizing the “NEOSITY” job portal of we. GmbH. The platform facilitates job advertisements without acting as an intermediary. Companies (“job providers”) can post job offers, and job seekers can apply for these positions.

III. Subject Matter

  1. Job seekers can establish a user account or profile on the platform free of charge to showcase their professional qualifications.
  2. Job seekers may apply for job offers by clicking on the respective job provider’s profile. Applying for job offers from employers can be done directly through the platform.
  3. Applying via email or the job provider’s homepage subjects applicants to the respective provider’s terms and conditions.
  4. By applying for a job offer, applicants agree to potentially have their profile shared with the client, including any provided profile data and photos.
  5. Communication regarding job offers and contact requests will be via email, SMS, WhatsApp, phone call, or push notification, based on the applicant’s preference.
  6. While we. GmbH aims for maximum platform availability, occasional impairments due to maintenance or technical issues may occur.
  7. we. GmbH reserves the right to modify, restrict, or terminate the platform, with prior notification.
  8. Misuse of the job platform may result in immediate deletion of the user’s account.
  1. Platform Use and Registration
  1. Registration is required for utilizing job seeker services on the platform.
  2. Both registration and extended use are currently free of charge and do not guarantee job offers.
  3. During registration, accurate information must be provided. Pseudonyms or stage names are not permitted.
  4. Users may create an applicant profile showcasing professional qualifications.
  5. Users must ensure all provided data is truthful, up-to-date, and complete.
  6. Express agreement to the applicable GTC is necessary for successful registration.
  7. Confirmation of registration via email is required for account activation.
  8. Referral bonuses may be offered for successful friend referrals.
  1. General Obligations
  1. Users are prohibited from engaging in multiple registrations, registering under false names, or using multiple email addresses.
  2. Users are obligated to maintain the confidentiality of their user account access data and ensure that only they have access to their account.
  3. User accounts are non-transferable without express written consent from we. GmbH.
  4. Users must refrain from any actions that could compromise the services provided by we. GmbH or the availability of the platform. This includes refraining from distributing harmful programs or data and avoiding any activities that could damage the reputation of we. GmbH or the platform.
  5. Any use of the platform beyond the scope of the user relationship is strictly prohibited.
  6. Users are expected to promptly respond to contact requests from job providers.
  1. Termination/Deactivation

Users have the option to request the deletion of their applicant or employee profiles, in accordance with our privacy policy. Legal obligations may require us to retain certain data.

  1. GmbH reserves the right to delete user accounts and profiles and prohibit further platform use in cases of GTC violation. Reactivation of deleted accounts is not permitted.

VII. Liability/Exemption

  1. GmbH’s liability is subject to the following provisions:
  1. we. GmbH is liable without limitation only in cases of intent and gross negligence, considering the free nature of the platform.
  2. Liability for slightly negligent breaches of significant contractual obligations is limited to foreseeable damages typical of the contract.
  3. Claims for damages resulting from culpable harm to life, body, or health, and under the Product Liability Act, remain unaffected.
  4. we. GmbH is not liable for any loss of data on users’ computers or its recovery.
  5. Users agree to indemnify we. GmbH from any damages or third-party claims arising from platform use or the unlawful disclosure of third-party data to we. GmbH or third part

VIII. Third-Party Content

  1. GmbH may incorporate links to external websites or content not under its control into the platform, including the display of advertising banners or other promotional material. Such linked content constitutes “third-party information” as defined in Section 8 of the German Telemedia Act (TMG). we. GmbH expressly disclaims ownership of this content and excludes any liability for it in accordance with the provisions outlined in Section VIII. of these Terms of Use.
  1. Privacy Policy

The handling of personal data is subject to our privacy policy. Users are reminded to only provide information in the designated fields when completing their user accounts and profiles, avoiding the inclusion of personal data in areas not intended for such purposes. Failure to adhere to this may compromise user anonymity. In the event of inadvertent inclusion of personal data, we will either delete it without comment or render it unidentifiable in the user’s interest.

  1. Amendment of the GTC
  1. GmbH reserves the right to amend the General Terms and Conditions at its discretion. Reasons for such changes may include alterations in the law, jurisdiction, or economic circumstances. Amended GTCs will generally apply to contractual relationships entered into after the date of amendment. In case of objection, we. GmbH may terminate the contract within two weeks of receiving the objection.
  1. Other
  1. The legal relationship between job providers and we. GmbH, as well as any disputes arising from platform use, shall be governed by these GTC and the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
  2. The place of performance is Frankfurt. Frankfurt serves as the exclusive place of jurisdiction for all claims arising from NEOSITY’s services, to the extent permitted by law.
  3. Ancillary agreements, amendments, supplements, and notifications must be made in writing to be effective, unless otherwise specified in these GTC. This requirement also applies to waivers of the written form requirement.
  4. The invalidity of any provision in these GTC shall not affect the validity of the remaining provisions.

 

General Terms and Conditions of the Internet platform www.nesoity.net for companies seeking personnel (“job providers”)

  1. General provisions

These General Terms and Conditions (hereinafter referred to as “GTC”) govern the use of paid services for job providers on the online platform www.nesoity.net (hereinafter referred to as the “Platform”).

The operator of the website and provider of the services is we. GmbH, located at Lindleystr. 17, 60314 Frankfurt (“we.”). NEOSITY is a product of we. GmbH. These GTC constitute the foundation of all offers and agreements made by we. GmbH “NEOSITY” and are considered accepted upon successful online registration of the company seeking personnel (hereinafter referred to as the “Job Provider”), for the entire duration of the business relationship with we. GmbH.

  1. Scope of application

These GTC govern the terms for utilizing the NEOSITY job portal operated by we. GmbH. The purpose of the NEOSITY job portal is to provide advertisers with the opportunity to publish job offers on the www.neosity.net website. The operator solely offers the opportunity to post job advertisements free of charge and does not act as an intermediary between third parties. Companies (“job providers”) can create a company profile on the platform and offer jobs.

III. Copyright

  1. All work results and information published by we. GmbH, including the platform and its compilation, are subject to we. GmbH’s copyright. This excludes content published by we. GmbH that have been created by a job provider or third party and adopted by we. GmbH for publication on the portal. The rights of the job provider are limited to posting and retrieving information within the scope of the intended use.
  2. The job provider grants we. GmbH a simple, free, worldwide right to use for the duration of the contract of use to all content posted on the platform. This includes, in particular, the right to reproduce, edit, distribute, broadcast, and make publicly accessible the content and edits of the content individually or as part of a database for any purpose not expressly excluded.
  3. By completing the registration, the job provider confirms that they have acquired all necessary rights of use from the owners of copyrights, ancillary copyrights, and other rights to the posted content or can freely dispose of them.
  1. Purpose of the job portal www.neosity.net
  1. we. GmbH operates an online job portal at www.neosity.net. Job providers have the opportunity to post a company profile on the platform and advertise job vacancies. We collaborate with various partners and host the NEOSITY job market under different URLs without obtaining prior approval from the business partners. Publication on other media or with partners may occur in different or standardized formats. We. GmbH does not charge separately for these additional services. The application process for jobs not offered by we. GmbH is conducted via email or through a link to the company website.
  2. Job providers can publish job offers on the platform upon successful registration. Candidates can create a curriculum vitae (CV) in the form of a we. GmbH profile and apply for jobs (“job seekers”).
  1. Conclusion of contract and duration
  1. The contract of use between we. GmbH and the job provider becomes effective upon successful registration on the platform. By sending the confirmation email containing the activation link, we. GmbH accepts the job provider’s offer to enter into a contract of use.
  2. The contract of use is concluded for an indefinite period.
  3. we. GmbH and the job provider may terminate the respective contract of use in writing or via email with a notice period of four weeks, unless otherwise stipulated in individual contracts. The right to terminate without notice remains unaffected.
  4. The services provided by we. GmbH to the job provider continue until the termination of the contract.
  5. we. GmbH reserves the right, under certain circumstances, to remove advertisements from the portal after review. This includes situations where the content of the advertisements conflicts with the interests of we. GmbH or its customers, discriminates against content, or violates applicable law. Reasons for removal may include: false or incorrect information in the job offer, particularly an unrealistic hourly wage or publication in the wrong category, repeated posting of the same or very similar job offers, posting by personnel service providers, promotional service providers, fundraising companies, financial service providers, or catering service providers. In case of repeated violations, we. GmbH reserves the right to terminate the contract of use.
  6. Not all NEOSITY products require a license agreement. In cases not subject to a contract of use, NEOSITY Account Managers / Customer Care employees will provide detailed information and advice following consultation. In such instances, a contract is considered concluded through offer and acceptance via email.
  7. The use of the platform by companies competing with we. GmbH or the platform without written permission from we. GmbH is prohibited. If we. GmbH determines post-registration that the job provider is a competing company, we. GmbH reserves the right to immediately delete the account.
  1. Further obligations of the job provider / use of the platform
  1. Multiple registration, registration under a false name, or using multiple email addresses is strictly prohibited.
  2. Accounts are non-transferable without the written consent of we. GmbH. The same applies to any rights of the job provider derived from the contract of use; these rights are neither transferable nor assignable.
  3. The job provider ensures that all data and content provided during registration are accurate, up-to-date, and complete. Prompt notification of any changes to this data is required, and the job provider must independently update their account.
  4. The job provider must maintain strict confidentiality of their password and protect both it and their account from unauthorized access. Passwords may only be disclosed to individuals authorized to act on behalf of the job provider, following Sections 164 ff. BGB (German Civil Code).
  5. The job provider is accountable for any actions undertaken under their account in case of culpable loss or third-party access to the password due to their negligence.
  6. Immediate notification to we. GmbH is mandatory in case of lost passwords or suspected unauthorized access. The job provider is liable for any expenses incurred by we. GmbH.
  7. we. GmbH reserves the right to block the job provider’s account and remove their content if password misuse is suspected. Notification will be sent to the job provider immediately, and failure to respond within seven (7) calendar days or indications of abusive behavior may result in permanent deletion of the account.
  8. The job provider must refrain from actions compromising system or network security, or damaging the reputation of we. GmbH or the platform. Violation of these obligations may lead to account deletion and potential legal action.
  9. The job provider agrees not to misuse the platform beyond the scope of the user relationship, including automated queries or commercial exploitation of platform data.
  10. By registering and entering the contract, the job provider grants we. GmbH the right to publicly name them as a “reference company” for advertising purposes during the contract term. This includes the use of company logos. The job provider can revoke this permission in writing at any time.
  1. Liability of the job provider for content
  1. The job provider is liable, within legal limits, for the content published on their company profile and job offers. This includes any content used for “reference naming” and promotion. The job provider guarantees that their content complies with applicable laws and does not infringe on third-party rights. we. GmbH reserves the right to reject or remove any content violating these terms.
  2. In case of infringement, the job provider must promptly rectify the violation and compensate we. GmbH for any damages incurred. The job provider also indemnifies we. GmbH against third-party claims resulting from breaches of the obligations outlined in this section.

VIII. Operation and Content of the Platform

  1. The job provider is granted access to the platform by we. GmbH. We. GmbH does not assume liability for the accuracy of content and data posted on the platform by job providers and job seekers. Furthermore, we. GmbH does not partake in the content of communication between the involved parties (job providers/job seekers).
  2. We. GmbH does not warrant the actual identity of job seekers or other job providers, nor the accuracy, timeliness, legality, completeness, and availability of the information provided by them. Specifically, we. GmbH does not guarantee the correspondence between the registered job inquiries and the actual number of active platform users, nor the qualifications claimed by job seekers. We. GmbH also does not assure the accuracy, completeness, timeliness, and availability of company profiles and job offers posted by job providers.
  3. we. GmbH strives to maintain trouble-free operation of the platform but is not obligated to ensure continuous availability or accessibility. Therefore, no guarantee is provided for the availability and defect-free operation of the platform. The job provider must accept availability impairments, particularly due to maintenance work, technical faults, or virus-related damage.
  4. we. GmbH reserves the right to change or limit the platform’s content or discontinue its services or the platform itself at any time. Advance notification of such changes will be sent to the job provider via email. No separate justification is necessary for such alterations. Ongoing application procedures resulting from job seekers applying to a job offer will be processed prior to any changes.
  1. Warranty

We. GmbH guarantees the provision of services in accordance with customary standards. The job provider agrees to timely provide all necessary information and documents to we. GmbH for achieving the objectives outlined in the contract of use.

  1. Liability
  1. Any guarantees provided by we. GmbH must be explicitly designated as such to qualify as legal guarantees. Claims under the Product Liability Act remain unaffected.
  2. We. GmbH is not involved in contracts concluded between job providers and job seekers and therefore does not become a contractual party. Liability on the part of we. GmbH concerning contractual relationships between job providers and job seekers is excluded.
  3. We. GmbH does not guarantee job providers will receive inquiries or responses to job offers posted on the platform, nor does it guarantee specific response times for inquiries and/or responses to job offers or contact requests.
  1. Confidentiality and Data Protection
  1. GmbH commits to complying with applicable data protection laws. Further details are available in the privacy policy accessible at https://www.neosity.net/privacy-policy/.

Job applicant data is strictly confidential and may only be stored, used, processed, and published by the job provider in compliance with relevant data protection laws.

XII. Amendment of the GTC

We. GmbH reserves the right to amend the General Terms and Conditions at any time. Changes may include legal alterations, jurisdictional shifts, or economic circumstances. Amended GTCs apply to contractual relationships entered into after the amendment. We. GmbH may terminate the contract within two weeks of receiving objections to the changes.

XIII. Miscellaneous

  1. The legal relationship and disputes between the job provider and we. GmbH regarding platform use are governed by these GTC and the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
  2. Frankfurt serves as the place of performance, and the place of jurisdiction for claims arising from NEOSITY’s services is Frankfurt, to the extent permitted by law.
  3. Ancillary agreements, amendments, supplements, and notifications must be made in writing to be effective, unless otherwise agreed in these GTC. This also applies to waiving the requirement for written form.
  4. Invalidity of any provision of these GTC does not affect the validity of the remaining provisions.