BY CONTINUING WITH A PURCHASE OR THE USE OF OUR AD SERVICE IT IS DEEMED THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS OF SERVICE.
WWW.ECOURBANHUBJOBS.COM is an online job board and represented and wholly owned by:
‘we’, ‘us’, ‘our’, ‘
… means the contractor, which is the owner of www.ecourbanhubjobs.com, offering, selling and publishing job advertisements.
… means the Terms of Service for the use of our job board called ECOURBANHUB JOBS on www.ecourbanhubjobs.com.
… means the person, ordering party or business purchasing and/or publishing a job advertisement with www.ecourbanhubjobs.com.
… means the offered or chosen usage-based pricing model for job advertisements
‘$’ or ‘US$’
… means the United States Dollar official currency of the United States and its insular territories. It is divided into 100 smaller cent (¢) units. The circulating paper money consists of Federal Reserve Notes.
You represent and warrant that you: (a) are of legal age to form a binding contract; (b) have not previously been suspended or removed from using our Services; and (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party. If you are registering to use the Services on behalf of a legal entity, you further represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (ii) you are duly authorized by such legal entity to act on its behalf.
(1) The service of www.ecourbanhubjobs.com (contractor) consists the operation of our online job board ECOURBANHUB JOBS for publishing job advertisements, banners or other online forms of advertising. The ‘advertising agreement’ or ‘advertising contract’ in accordance with the following Terms of Service is a contract which grants the right to the contractor to publish advertisements on www.ecourbanhubjobs.com and its subpages as well as on www.ecourbanhub.com and its subpages and via emails after our approval.
(2) Our Terms are exclusively applied for the advertising contract. Terms and conditions of the customer that are contrary to or deviate from our present Terms apply only if we recognize their applicability expressly in writing.
(3) We reserve the right to change these Terms.
(4) We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
§3 ACCOUNT REGISTRATION
(1) You must create an account with ECOURBANHUB JOBS to access our complete range. Registering an account, access to the account and maintaining an account with ECOURBANHUB JOBS is free of charge. When you create an account, you agree to: (a) provide accurate and truthful information, in particular first name and last name and e-mail address; (b) maintain and promptly update your account information; (c) maintain the security of your account by protecting and backing up your account User ID and restricting access to your computer and your account; (d) promptly notify us if you discover or otherwise suspect any security breaches related to your account; and (e) take responsibility for all activities that occur under your account and accept all risks of any authorized or unauthorized access to your account, to the maximum extent permitted by law.
In order to verify your account registration, you receive an email with a verification link on the declared email address after you create an account.
(2) In registering for the Portal, the user will be given a User ID consisting of a username or email and a password. The user is responsible for ensuring that the password is not made accessible to any third party.
(3) The user shall be liable for all of the fees resulting from the use of the User ID.
(4) We shall not be liable for damages that the user suffers as a result of misuse / identity theft or loss of the User ID (username or email and password) allocated to him or her.
§4 CONCLUSION OF THE AGREEMENT
The advertising contract is agreed when the client receives an order confirmation after the client confirms his job ad order on the basis of our price list in writing or by email or by placing an order through a push on the ‘PLACE ORDER’-button at the end of our online sales platform with or without an user account and when the client does not contradict within 2 working days.
§5 RIGHT OF REJECTION
We reserve the right to refuse orders – including individual advertising material within an order – on the basis of their content, origin or technical form in accordance with uniform, objectively justified principles or to freeze advertisements that have already been published, either provisionally or completely. Such reasons exist in particular if the advertising content violates any laws, contractual or official stipulations or court orders, or if the publication of such is unreasonable for www.ecourbanhubjobs.com. Publication shall be deemed to be unreasonable in particular if the advertising content is an offensive, discriminating, or pornographic nature, glorifies violence or is harmful to young persons. We reserve the right to monitor advertising content for compliance with these provisions prior to publication. In the case of any rejection of a submitted job ad, the customer can choose a refund of the paid fee.
§6 RESPONSIBILITY FOR ADVERTISING CONTENT AND THE GRANTING OF RIGHTS
(1) The Client shall bear the sole legal responsibility for the advertising content and other content – in particular the accuracy and legal admissibility of the text, graphic and image copy supplied for publication of the ad – to which third parties are redirected from the advertisements published by the publishers registered with ECOURBANHUB JOBS, as well as the design of such and their suitability for advertising purposes. The Client shall be responsible for ensuring that the advertising content violates no legal, official or contractual provisions, court orders, copyrights or other protective rights of third parties and/or is not of an offensive, discriminating, or pornographic nature, does not glorify violence or is not harmful to young persons. The client is required to indemnify ECOURBANHUB JOBS against any claims raised by third parties against ECOURBANHUB JOBS arising in any way from the performance of the ad order.
(2) Upon conclusion of the contract, the Client shall grant www.ecourbanhubjobs.com, on a royalty-free basis and limited to the term of the contract, all rights that are necessary to carry out the advertising campaign (in particular, the options of sub-licensing and non-limitation in terms of space). This shall include all usage rights, ancillary copyrights and other rights required for the publication of the content as commissioned by the publishers registered with ECOURBANHUB JOBS.
(3) The Client shall be obligated to indemnify www.ecourbanhubjobs.com against all and any third-party claims asserted against www.ecourbanhubjobs.com due to or in connection with the advertising content provided by the Client, provided that the Client is at fault. In the above cases, the Client shall – without prejudice to any further compensation claims – also be obligated to indemnify www.ecourbanhubjobs.com against all expenses, or to reimburse all expenses that ECOURBANHUB JOBS – at its own discretion – is required to pay for any necessary legal representation. In the event of claims asserted by third parties, the Client shall, without undue delay, truthfully and correctly, provide www.ecourbanhubjobs.com with all information necessary to verify the claims and defend against them. These obligations shall also apply if any claims are asserted against ECOURBANHUB JOBS by a publisher. The Client ensures that he holds the above rights and is authorized to grant them to others.
§7 COPYRIGHT AND RIGHTS OF USE
(1) Copyrights and service rights of advertisements, designed by ECOURBANHUB JOBS, shall remain entirely the property of ECOURBANHUB JOBS. Upon payment of the charges for the design of the advertisement, the client acquires the right of use for this particular advertisement. The client is entitled to publish the advertisement on ecourbanhubjobs.com.
(2) The client or a third party contractor of the client grants www.ecourbanhubjobs.com the right to publish the advertisements and banner, designed and compiled by the client or a third party contractor of the client, according to contract on ecourbanhubjobs.com, ecourbanhub.com as well as in the email newsletter of www.ecourbanhub.com.
§8 BEGINNING OF PUBLICATION & FULFILLMENT OF CONTRACTUAL SERVICE
The beginning of publication and thus the fulfillment of the contractual service for the client starts at the time agreed with the client in writing. It is documented in the confirmation of the order. Should no precise time have been agreed, publication will occur immediately after the conclusion of the advertising contract. The advertiser is responsible for the complete supply of clean, for publication on the internet suitable advertisement material or documents and data which are appropriate to design a job advertisement in order to publicate it on the internet.
§9 FEES AND DEFAULT OF PAYMENTS
As stated in §3, registering an account, access to the account and maintaining an account with ECOURBANHUB JOBS is free of charge, but we may charge fees for additional services.
(1) The client pays to the contractor, Paul Münzner, the in the order confirmation specified fees for the ad placement. The respectively applicable price list shall apply to all our products for the pricing. There are no further charges, for example transaction fees, than stated in our price list.
(2) The client receives the invoice immediately by email from the contractor, Paul Münzner, after the conclusion of the contract of sale for the by the client chosen advertisement service. The invoice amount is payable within 10 days with no deductions.
(3) If we are in a position to prove a higher than the legal damage caused by default, we shall be entitled to assert this against the customer.
(4) We accept (a) the credit card provider American Express, VISA, Diners Club International, Discover, MasterCard, JCB; (b) Paypal for online payments and (c) cryptocurrencies like Bitcoin, Litecoin, Dash and Peercoin.
Paypal allows us to safely process your credit card payments and complete the financial transactions as securely as possible. For further information regarding Paypal’s secure systems please visit their website www.paypal.com.
(5) Information used for the payment process, such as credit card details, are not saved on our server.
(6) The client agrees to provide current, complete and accurate purchase and account information for all purchases made at our website. The client agrees to promptly update its account and other information, including your email address, so that we can complete your transactions and contact you as needed.
§10 PLACE OF PUBLICATION, LINKING/FRAMING
(1) The advertiser/client affords payment for publication of the job advertisement on ecourbanhubjobs.com.
(2) We are furthermore authorized, but not obliged, to distribute the ad by other methods, in particular by fax, email, or telephone, especially to potential candidates and provider. These are our additional and voluntary services for which the user does not have to pay extra costs.
(3) Immediately or near-term after the termination of the ad contract or the prior cancellation of the ad contract through the client, the advertisement is removed from the Internet.
§11 MODIFICATION OF THE ADVERTISING CONTENT
(1) The client books, places and publishes during the term of the contract one or more job advertisements on our online job board. If a textual design is needed during the contractually agreed duration of the published job advertisement, we are obliged to realize these modifications, provided that this is tolerable technically and with respect to the contents. Modifications which change the identity of the published job advertisement and modifications which advertise a different than the prior published are expressly excluded.
(2) Changes which we can carry out with minimum time and effort will not be charged. If that is not the case, we will inform the client accordingly and only carry out the desired change after calculating the corresponding costs and receiving confirmation from the client.
(3) Clients which bought and published the job advertisement within their related user account are able to realize modifications by themselves within their related user account. After the modified job advertisement is verified and approved by the contractor, the modified job advertisement will be published and it will replace the former job advertisement.
§12 WARRANTY AND LIABILITY
(1) We guarantee to reproduce the ad in accordance with regular technical standards and in the best possible quality.
(2) The client knows however that according to the state of technology it is not possible to develop a completely faultless program and that it is possible that our data and services might not be available at any time without our fault. We are in particular not responsible when our services are not available, if e.g. improper presentation software and/or hardware (e.g. browser) are used or by disturbances of the communication nets of other providers or by computer failure with an internet-access-provider or an online service or by incomplete and/or non updated offers on so-called proxy servers (buffers) of commercial and non-commercial providers and online services or – by a breakdown of the ad-server, that does not last longer than 24 hours (consecutively or added on) within 30 days from the start of the contractually agreed connection.
(3) In case of ads insertion, the client is however entitled for an extension of the publication of his ad by the period of failure if one of the cases indicated under para.2 applies.
(4) Should the job advertisement be reproduced imperfectly by us, the orderer is entitled a faultless replacement ad, but only as far as the purpose of the ad was affected. In case we are not prepared or able to do so, should a delay arise for reasons caused by us or if the insertion of a replacement ad fails for other reasons, the client at his own choice can either withdraw from the contract (withdrawal) or request reduction of the advertisement price (reduction).
The client is obliged to check the published ad immediately after the first publication and give notice of any defects without delay. The time limit for notification of such defects for obvious defects begins with the publication of the ad, for concealed defects with their discovery. If the advertiser fails to give notification of the defect, the publication of the ad is considered approved as free of defect.
(1) Any liability on the part of ECOURBANHUB JOBS as well as of its representatives or vicarious agents for the compensation of damages, in particular due to default, non-performance, inadequate performance or for tort shall be given only in case of infringements of contractual obligations whose fulfillment the client could rely upon to a special degree. An exemption of liability is not valid in cases of gross negligence or intent or due to liability in connection with assured characteristics.
(2) As far as contractual obligations in the aforementioned sense have been breached by negligence, the liability is limited to the price of the job advertisement.
(3) We are not liable for a minimum number or minimum quantity of applicants, as well as for investments made by the client in the course of this offer or contract conclusion e.g. when relying upon a minimum number of applications.
(4) A change of the burden of proof to the disadvantage of the orderer is not involved with the above regulations.
§15 PRESERVATION OF TEMPLATES & STORAGE OF ADVERTISEMENTS
(1) All templates submitted for the creation of the ad by the client are only to be returned to the user by us on his specific written request. The obligation for safekeeping ends 3 months after termination of the advertising contract.
(2) We are authorized but not obliged after termination of the ad publication and filling of the job respectively to keep and further use the ad.
§17 PLACE OF PERFORMANCE, JURISDICTION, MISCELLANEOUS
(1) The place of performance and the place of jurisdiction is Leipzig.
(2) Any subsidiary agreements, changes and additions must be in written form in order to be effective.
(3) All legal relations between the contract parties are subject to German law
§18 GOVERNING LAW
This agreement, its interpretation, breach and enforcement shall be governed and construed in accordance with the laws of Germany.
Questions about the Terms of Service should be sent to us at [email protected]
BY CONTINUING WITH A PURCHASE OR ORDER IT IS DEEMED THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS AND CONDITIONS.