AGB

Company & Contact Information

• Company: emploio GmbH
• Address: Schirmerstraße 71, 40211 Düsseldorf, Germany
• Phone: +49 (0) 211 882 034 90
• Email: info@emploio.de
• Website: www.emploio.de
• Commercial Register: Local Court (Amtsgericht) Düsseldorf, HRB 95037
• VAT ID: DE321015669
• Controller (GDPR): emploio GmbH (see Privacy Policy for details)

2 – Scope and Exclusivity of Terms

1. These Terms of Use govern all agreements between emploio and its clients where the client is a business entity (entrepreneur/merchant or public‑law entity). emploio does not contract with consumers. By entering into an agreement with emploio, the Client confirms it acts in a business capacity.
2. Use of emploio’s services requires prior acceptance of these Terms.
3. Client terms that deviate from, conflict with, or supplement these Terms apply only if emploio expressly agrees in writing. This holds even if emploio, aware of Client terms, starts performance without reservation.
4. All agreements between the parties arise from these Terms and any individual written arrangements (order, offer, master agreement, statement of work).

3 – Services and Client Cooperation

1. emploio provides business‑to‑business services in recruiting/talent acquisition, employer branding, and marketing. Unless expressly agreed in writing, emploio does not owe a particular work result or outcome. Forecasts about campaign performance are estimates based on experience; actual results depend on external factors outside emploio’s control and are not guaranteed.
2. Client cooperation duties include timely provision of information, answers, approvals, accesses, and other jointly defined tasks. Client must fulfill these duties completely and within agreed timelines. Failure to cooperate that prevents performance does not affect emploio’s right to payment.

4 – Formation of Contract

1. Contracts are concluded in writing (including signed proposals, order forms, or clear written confirmations by email or e‑signature).
2. Any presentation or promotion of services on websites, brochures, or ads (e.g., Google, Instagram, LinkedIn, Facebook) is a non‑binding invitation to engage and does not constitute an offer.

5 – Prices, Payment, Timing, Cancellation Fees

1. All prices communicated by emploio (orally, by email, or in writing) are exclusive of applicable VAT or similar taxes.
2. Payment is due upon contract execution unless otherwise stated in the offer (e.g., installment plan). Payment may be made by bank transfer; SEPA direct debit (if granted) remains valid until revoked.
3. For direct debit, emploio issues an invoice after a successful debit. For bank transfer, emploio issues an invoice first; Client then remits payment.
4. If a direct debit cannot be collected and is reversed, Client must transfer the outstanding amount within three (3) business days.
5. Service delivery follows the schedule defined in the main contract; alternatively, services commence upon campaign start.
6. If the contract is concluded but the Client chooses not to proceed, the following liquidated damages apply, reflecting a genuine pre‑estimate of loss (not a penalty):
   • After contract signing: 30% of the contract value
   • After onboarding (e.g., kick‑off/intake/access setup): 50% of the contract value

These do not apply where a previously defined guarantee is validly invoked; in that case, the guarantee’s payment terms prevail.

6 – Term and Termination

1. The contract runs for the fixed term agreed in the main contract. If no term is specified, a minimum term of three (3) months applies.
2. The right to extraordinary termination for cause remains unaffected.

7 – Delays, Default, and Suspension

1. Service timelines start only after emploio has received the invoice amount and all necessary data/inputs, and after Client has fulfilled required cooperation duties.
2. If Client is in default on due payments, emploio may suspend further services until full payment is received.
3. If Client is in default on at least two due payments, emploio may terminate for cause and cease services. emploio may claim as damages the fees due up to the next ordinary termination date; saved expenses will be deducted.

8 – Liability

1. emploio is not liable for loss of data or programs except in cases of intent or gross negligence. Liability for data loss is limited to the typical restoration effort that would have been required if regular, risk‑appropriate backups had been made.
2. Statutory liability that cannot be limited under applicable law (e.g., mandatory product liability) remains unaffected; the same applies where emploio has expressly assumed a guarantee.
3. Client acknowledges that third‑party platforms (e.g., Facebook/Meta) may remove campaigns under their policies at any time; emploio is not liable for such actions. Services already rendered remain due.
4. Client will provide only materials (images, video, audio, ad assets, etc.) that are free of third‑party rights and will fully indemnify emploio against third‑party claims arising from rights infringements.
5. Client bears sole responsibility for compliance of campaigns with competition, advertising, and trademark laws.
6. For any performance guarantees granted by emploio, the burden of proof regarding the guarantee criteria lies with Client. Upon receipt of written evidence, emploio has 30 days to review the claim.

9 – Conduct, Non‑Solicitation, and Candidate Data

1. Client will act in accordance with standards of fair commercial conduct. emploio reserves the right to pursue civil claims (and, where appropriate, criminal complaints) against unlawful, untrue, or defamatory statements about emploio or its services.
2. Non‑solicitation: Client shall not solicit emploio employees. Any attempted poaching triggers a contractual liquidated damages amount of €10,000; if the Client hires an emploio employee, the Client owes a one‑time compensation of €50,000.
3. No resale or sharing of candidate data: Applicant contacts provided by emploio are for Client’s internal use only and may not be resold or disclosed to third parties. Each violation results in €10,000 in liquidated damages.

10 – Access to Client Social Media Accounts

1. Login data provided by Client will be used solely to deliver the booked services. Access to private messages, user behavior, or other data unrelated to service delivery is strictly prohibited.
2. Only selected emploio personnel may access Client profiles under strict internal guidelines. Data irrelevant to campaign success is not provided to personnel.
3. All measures to be executed via Client accounts are disclosed to and approved by Client prior to service start. Client preferences have top priority.

11 – Intellectual Property and Usage Rights

1. emploio retains exclusive rights in all content it publishes (e.g., on LinkedIn or on password‑protected platforms), including images, videos, texts, webinars, and databases. Any use by Client requires prior consent unless usage rights are explicitly granted.
2. For materials created for Client, emploio retains underlying intellectual property unless otherwise agreed. Client receives a non‑exclusive license to use deliverables that are explicitly identified in the service description, for an unlimited period, for Client’s own business purposes.
3. Access to emploio programs, content, and platforms is granted for the contract term only and typically on a personal (non‑transferable) basis. Sharing of access credentials or content with unauthorised third parties is strictly prohibited. Access by Client employees is possible if expressly authorised and confirmed in writing by emploio.
4. By using member platforms, Client consents—for the duration of the contract—to the analysis of individual usage behaviour and the collection of related data that may be personally identifiable (including IP and MAC addresses) for performance, security, and service purposes.

12 – Privacy and Contact Consent

1. Protecting personal data is a priority. Details on data collection, storage, processing, and data subject rights are set out in emploio’s Privacy Policy. By using our services, Client confirms it has read the Privacy Policy.
2. Client consents (revocable at any time) to contact by emploio via email, SMS, phone, or messenger services. Objections can be sent to info@emploio.de.

13 – Participation in Events and Webinars

1. Bookings for seminars/events are binding and are typically confirmed by email.
2. Client may withdraw only for an important reason and must provide qualified written proof together with the withdrawal notice.
3. If a valid‑reason withdrawal is received:
   • Up to 6 weeks before the event: 25% of the participation fee
   • Less than 6 weeks and up to 3 weeks: 50% of the fee
   • Less than 3 weeks: 100% of the fee
   • Client may prove that no loss or a materially lower loss occurred than the stated flat amounts.
4. A substitute participant may only be proposed with emploio’s prior consent.

14 – Amendments and Individual Agreements

1. Deviations from these Terms are valid only if agreed in writing.
2. Individually negotiated agreements with Client (including side letters, addenda, and amendments) take precedence over these Terms; the content of such agreements is determined by the written contract or written confirmation by emploio.

15 – Governing Law and Jurisdiction

1. These Terms are governed by the laws of the Federal Republic of Germany. Place of performance and jurisdiction is 40211 Düsseldorf, Germany.
2. The courts of Düsseldorf have exclusive jurisdiction for all disputes arising out of or in connection with the contractual relationship.

Terms and Conditions effective as of: April 2024

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