General terms and conditions of Construction-Industry.jobs

A. General Terms and Conditions of Construction-Industry.jobs for all users

§ 1 Scope of these terms and conditions

The operator of the website Construction-Industry.jobs is FRH Management Consulting BV (hereinafter "Construction-Industry.jobs"), represented by the Managing Director.
The following conditions apply to all users of the website Construction-Industry.jobs and the services offered on the website. By users Construction-Industry.jobs understands both candidates and employers.

Candidates are users who want to find out about job vacancies at Construction-Industry.jobs , apply for specific jobs or search for other information on the topics of jobs and careers.
By employers Construction-Industry.jobs understands all companies, institutions, natural persons etc. who commission Construction-Industry.jobs with the creation of job advertisements or so-called employer branding products (e.g. banners, company profiles etc.) and/or their placement.

Both together - candidates and employers - are called users in the following.

Reference is made to the special terms and conditions for candidates(cf. B) and employers(cf. C). In case of doubt, the special terms and conditions take precedence over the general terms and conditions.
Every user of this website enters into contractual relations with Construction-Industry.jobs by visiting it. Any kind of access, retrieval, viewing, posting of data, any kind of use and visit of this Internet address and the services offered there, as well as any submission or acceptance of declarations of intent shall be made exclusively on the basis of these terms and conditions. Deviations from these terms and conditions are only effective if they have been confirmed in writing by Construction-Industry.jobs .
By using the Website, the User confirms that he/she has read, acknowledged and accepted the GTC.
Construction-Industry.jobs is entitled to change these terms and conditions at any time. Construction-Industry.jobs will inform users about the change of the applicable terms and conditions in due time. Users will be informed about changes on the homepage and, if necessary, by e-mail. The change is considered approved by the user if he does not object to the change and/or terminate an existing contract within one month after receipt of the change notification. In the event of an objection by the user, Construction-Industry.jobs is entitled to terminate any existing contract.

§ 2 Contents

Construction-Industry.jobs is a marketplace on the Internet for bringing together employers and candidates, especially about job offers and their publication.
The offer of Construction-Industry.jobs is divided into four areas:
Vacancies
Resume database
Employer Branding Products
Information areas on the topics of application/job advertisement
In the job vacancies section, employers provide concrete information about a new job vacancy and the existing possibility to conclude a service contract as an employment contract. Candidates are either guided by a link to an existing homepage of the job provider with online application option or can apply to the job provider by e-mail. Candidates are enabled to search for a specific job by means of a query mask with detailed selection options.
In the Resume Database section, employers have the ability to search for registered candidates and, if preapproved by the candidates, contact them to introduce them to a job opening.
In the area of employer branding, employers have the opportunity to present themselves or their company in an advertising manner, e.g. by placing advertising banners or company profiles.
The information sections provide additional HR and career information for candidates, as well as job posting information for employers.

§ 3 Payment obligations

Construction-Industry.jobs offers free and chargeable services. Only the services of Construction-Industry.jobs that are explicitly marked as chargeable (e.g. the publication of job advertisements) are chargeable, i.e. subject to payment obligations.

§ 4 Exclusion of Warranty and Definiteness of the Subject of Performance

Construction-Industry.jobs does not owe any specific success. In particular, Construction-Industry.jobs does not owe the actual finding of potential new employment contract partners, let alone the success of concluding employment contracts.
Construction-Industry.jobs is also not responsible for the location or existence of the information and data sought by the user. Construction-Industry.jobs only guarantees that the website exists in principle and is generally accessible. Whether, how much and with what content the respective users enter data and what benefit the users derive from this is not the subject of assurances from Construction-Industry.jobs.

§ 5 Copyrights, rights to content and data protection

Construction-Industry.jobs is entitled to all copyrights and other protective rights or the rights of use to the pages of the website.
After registration, users are permitted to post their own content at the designated places on the website. User-generated content is not published in the name of Construction-Industry.jobs . Construction-Industry.jobs does not adopt its content and statements as its own and expressly distances itself from all user-generated content or content that is otherwise recognizably third-party content, i.e. content that does not originate from Construction-Industry.jobs . Construction-Industry.jobs has the right to delete user-generated content in whole or in part at any time.
The user agrees that the content intended for publication by him/her will not only be made publicly available under the domain www.construction-industry.jobs , but will also be made publicly available/distributed on the Internet pages of cooperation partners of Construction-Industry.jobs in order to further the purpose of the contract, as decided by Construction-Industry.jobs .
By posting his content, the user grants Construction-Industry.jobs the right to use this content with regard to all types of use that are related to its publication on Construction-Industry.jobs and the cooperation partners according to section 3 and that promote the purpose of the contract. The granting of rights also includes the use of the content in the context of self-promotion of Construction-Industry.jobs.
The user guarantees that all of his own content or parts thereof published by him on Construction-Industry.jobs or handed over to Construction-Industry.jobs for publication are free of the rights of third parties. By placing an order (e.g. for the creation and/or placement of advertisements), the user confirms that he/she has acquired all copyrights, ancillary copyrights and other rights to the documents and data provided by him/her and that he/she can freely dispose of them. Copyright notices and/or brand names and/or other reservations of rights in the content may neither be changed nor removed. The user is obliged to ensure that the authorship is acknowledged.
The user shall indemnify Construction-Industry.jobs against all claims which may arise as a result of the right of use not having been effectively granted and/or transferred, the data posted having been posted in breach of data protection, the posting of data or its content violating criminal regulations or civil claims being triggered by incorrect content or unauthorized action and/or third parties having their general personal rights infringed. The user shall compensate Construction-Industry.jobs for any damages arising from a violation of this provision upon first request.

§ 6 Liability

Construction-Industry.jobs shall be liable for damages on whatever legal grounds in the event of intent and gross negligence and insofar as Construction-Industry.jobs has fraudulently concealed a defect or warranted its absence.
In addition, Construction-Industry.jobs shall only be liable in the event of simple negligence for damages arising from the breach of a material contractual obligation (obligation whose fulfillment is a prerequisite for the proper execution of the contract and on whose fulfillment the contractual partner regularly relies and may rely); in this case, however, liability shall be limited to compensation for the foreseeable, typically occurring damage.
Liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.

§ 7 Miscellaneous

If the user is a merchant, a legal entity under public law or a special fund under public law, the courts in Leuven (Belgium) shall have exclusive jurisdiction over any disputes arising out of or in connection with the relevant contractual relationship. In all other cases, Construction-Industry.jobs or the User may bring an action before any court having jurisdiction by virtue of statutory provisions.
Should any provision in these terms and conditions or any provision within the scope of any other agreement be or become invalid, the validity of all other provisions or agreements shall not be affected thereby.

§ 8 Participation in disputes

Construction-Industry.jobs is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

B. Special terms and conditions for candidates

The following special terms and conditions apply to all candidates who wish to obtain information about vacancies at Construction-Industry.jobs , who deposit their CV in the CV database, who apply for specific jobs or who are looking for other information about jobs and careers.

In case of doubt, these special terms and conditions shall take precedence over the General Terms and Conditions.

§ 1 Registration, creation of an account and deletion of the account

Certain offers require the candidate to register by providing personal data (user name, password, e-mail address, etc.) and accepting these terms and conditions. User name and password can be selected by the user. Each user may only register once. For each subsequent use, he must log in with the user data (user name and password) assigned at the time of initial registration. The authorization is only valid for the user personally and is not transferable. The user is obliged to keep his access data secret. Should a user become aware of the misuse of his login, he must immediately notify Construction-Industry.jobs and immediately change his password to prevent access by unauthorized persons. Construction-Industry.jobs assumes no liability for damages resulting from the unauthorized or improper use of password-protected logins of the user.
The contractual relationship between the user and Construction-Industry.jobs is concluded for an indefinite period upon completion of the registration process and may be terminated by either party at any time without notice. The termination must be made in writing or in text form (declaration by e-mail or letter). In the event of the permanent discontinuation of a service requiring registration, the contract shall be deemed terminated even without a separate notice of termination.
The Candidate has no ownership rights to his/her account. If he/she cancels his/her account at Construction-Industry.jobs or Construction-Industry.jobs cancels the account, all the account information will be deleted. The information may still be available for a certain period of time due to delays in the propagation of this deletion action on the web servers.
Construction-Industry.jobs reserves the right to delete a user's account and all related information if it has been inactive for an extended period of time.

§ 2 Data protection and accuracy of data

The data posted by candidates will be treated confidentially. Personal data is used, processed and utilized in accordance with the applicable legal provisions and the data protection regulations of Construction-Industry.jobs. The candidate knows and agrees that his data will be stored. He can object to the storage at any time.
The candidate is obligated to provide all data, especially personal data, truthfully. Construction-Industry.jobs does not assume any liability for the correctness of posted data.

C. Special terms and conditions for employers

The following special terms and conditions apply to all potential employers, i.e. companies, institutions, natural persons, etc., who commission Construction-Industry.jobs with the creation of job advertisements or so-called employer branding products (e.g. banners, company profiles, etc.) and/or their placement on Construction-Industry.jobs . In case of doubt, these special terms and conditions take precedence over the General Terms and Conditions.

§ 1 Conclusion of contract / term of contract

Contracts between employers and Construction-Industry.jobs come into effect
when Construction-Industry.jobs receives the acceptance of the contract offer from the employer, dated, stamped and signed, in original, copy, PDF or other electronic form. Contract offers of Construction-Industry.jobs that have been changed in content by the employer shall be considered a new offer by the employer, the contract shall then only come into effect through explicit acceptance by Construction-Industry.jobs . A service provision is not considered as an implied acceptance.
with the conclusion of an order in the online store. By clicking on the order button, the employer makes an offer to conclude a contract. Thereupon, the user receives an automated e-mail to the e-mail address provided by him, with which the receipt and acceptance of the order is confirmed by Construction-Industry.jobs .
The current price list applies.
The contract term begins with the conclusion of the contract. The contract ends automatically with the expiry of the agreed term.
The agreed services can only be called up within the agreed contract term. Upon expiry of the contract term, the customer no longer has the right to call up services that were not claimed before the end of the contract. In addition, any residual claims shall be settled in full upon expiry of the contract term.

§ 2 Payment obligations and payment modalities

Employers have the possibility to post job ads and/or create employer profiles. This service is subject to a fee. The amount of the costs is determined by the duration of the use or placement of the advertisement. They are determined by the current binding price list of Construction-Industry.jobs, which the employer can also receive at any time upon request.
The remuneration determined within the framework of the contractual agreement is due for payment without deductions 10 days after receipt of the invoice by the employer, but no later than 14 days after conclusion of the contract. Construction-Industry.jobs reserves the right to demand advance payment.
If payment is not made in accordance with the specified modalities within the deadline, the Employer shall be obligated to pay default interest in the amount of 9 percentage points above the base interest rate of the claim. The right to prove higher damages is expressly reserved for Construction-Industry.jobs . In the event of default in payment, Construction-Industry.jobs shall have grounds for extraordinary termination and shall in particular be entitled to discontinue the contractual services with immediate effect without notice.

§ 3 Publication of job advertisements

Contracts for the publication of job offers or other advertisements are concluded for a fixed period of time and end automatically upon expiry. Prior ordinary termination is not possible on either side. The extraordinary termination for good cause remains unaffected. The employer decides for which period he places the job advertisement. Unless he specifies otherwise, the standard term of 30 days shall be deemed agreed.
A job advertisement is limited to one job position and one location.
Even after the order has been placed, the employer or Construction-Industry.jobs may make changes to the text or layout of the job advertisement. § 5 number 2 remains unaffected.
Construction-Industry.jobs assumes no responsibility for delivered data material, ad texts or related storage media and is in particular not obligated to store them or return them to the Employer.
Firmen mit einem Beteiligungsverhältnis > 50% können Stellenanzeigen-Kontingente gemeinsam nutzen. Für Beteiligungsverhältnisse < 50% ist eine gemeinsame Nutzung von Stellenanzeigen-Kontingenten ausgeschlossen.

§ 4 Creating company profiles

Contracts for the publication of a company profile are concluded for a fixed period of time and end automatically upon expiry. Prior ordinary termination is not possible on either side. The extraordinary termination for good cause remains unaffected.
Construction-Industry.jobs provides the employer with input fields that he can fill in himself. The employer must own the rights for image and text. Links to competitors' websites and content or the use of competitor content from Construction-Industry.jobs are not permitted. Construction-Industry.jobs reserves the right to supplement the employer's details with publicly accessible company information. The employer may remove any additions and/or object to the addition of its information in text form.
Construction-Industry.jobs is entitled to use the contents of the employer profile to promote the employer profile.
The company profile can also be kept available for retrieval by Construction-Industry.jobs in its online offer beyond the term of the contract. Construction-Industry.jobs will, however, remove the company profile at the express request of the employer, which must be in text form.

§ 5 Claims for defects

Construction-Industry.jobs ensures implementation of the services commissioned by the employer, to be provided by job advertisements and published on the Internet, in accordance with the usual technical standards.
Claims for defects exist neither in the case of only insignificant deviation from the agreed quality nor in the case of only insignificant impairment of usability. Defects must be reported and notified in writing by the employer without delay, at the latest 7 days after publication on the Internet. Construction-Industry.jobs shall initially provide a warranty for defects by means of subsequent performance in the sense of longer placement of the advertisement, corrected if necessary. Only if this fails, the employer can demand reduction or assert a right of withdrawal.
All warranty claims of the employer are subject to a limitation period of one year, calculated from the date on which the employer had knowledge of the defect or should have had knowledge without gross negligence.

§ 6 Imprint obligation, data protection law and liability

The respective employer is responsible for naming all required information.
The employer shall bear sole responsibility under press law, competition law and other law for the content it supplies for publication. He shall indemnify Construction-Industry.jobs in this respect against claims by third parties.

Status: July 2023