Terms and Conditions

Using Jobwork as an Employee

1 Scope of Terms and Conditions

These General Terms and Conditions (hereinafter: T&C) apply to all employees (hereinafter: Users) of the internet portal Jobwork at www.jobwork.com (hereinafter: Jobwork). The portal is offered by Jobwork GmbH, represented by the Managing Director Andreas Niederwipper, Friedrichstraße 23a, 10969 Berlin.

2 Service Description

Jobwork is a specialised job board for newcomers, talents and professionals from acting, dance, singing, promotion and many other fields. On Jobwork, renowned companies, agencies and casting directors publish new jobs daily from the film, television, theatre, musical, opera, music, trade fair, event and advertising industries. Jobwork offers Users access to extraordinary, high-calibre and exclusive jobs and a simple and transparent application process. Jobwork does not act as an intermediary unless expressly agreed otherwise.

3 Membership

3.1 Before using the services, the User must register. Registration is free of charge. The User warrants that they are of legal age at the time of registration. The User further warrants that they are not yet registered as a User on Jobwork under another name and that all data provided for registration is true and complete. Registration can be carried out either via a valid email address, providing the User's first and last name as well as a password, or via Facebook Connect.

3.2 The User undertakes not to use accounts of other Users. Email address and password (hereinafter: access data) must be treated confidentially and protected from access by third parties. It is prohibited to allow third parties to use the services with one's own access data. If there is reasonable cause to believe that a third party has knowledge of access data, the User shall notify Jobwork immediately and change their password.

3.3 Upon registration, the User acquires the free Talent Basic membership, which grants access to all Talent Basic services of Jobwork.

3.4 By upgrading to the paid Talent Plus membership, the User acquires access to all Talent Plus services of Jobwork.

4 Conclusion and Duration of Contract

4.1 By clicking the "Order with obligation to pay" button, the User submits an offer to conclude a paid Talent Plus membership. Jobwork may accept this offer either by continuing to grant full access to all job information and services, or by sending an email confirming the paid membership. The contract is concluded exclusively in the German language. From the day of conclusion of the contract for the paid membership with Jobwork, the contract runs in accordance with the chosen membership (prepayment or subscription model).

4.2 The contract for the paid Talent Plus membership applies for the respectively agreed minimum term. The contract may be terminated by the User or Jobwork at any time with one day's notice to the end of the minimum term, and the User may continue to use the Jobwork service until the end of the agreed minimum term. If the contract is not duly terminated at the end of the minimum term, the following provisions for automatic renewal shall apply:

4.2.1 For contracts for the paid Talent Plus membership concluded from 01.03.2022, the Talent Plus membership shall be automatically renewed for an indefinite period at the prices stated at the time of conclusion of the contract after expiry of the minimum term. During the indefinite term, the User may terminate the contract at any time with one day's notice to the end of the current billing period.

4.2.2 For contracts for the paid Talent Plus membership concluded from 01.03.2022 and billed in currencies other than Euro, the contract shall be automatically renewed for the agreed contract term, but for a maximum of one year, unless the User or Jobwork terminates the contract with one day's notice to the end of the respective current renewal term.

4.2.3 For contracts for the paid Talent Plus membership concluded before 01.03.2022, the contract shall be automatically renewed for the agreed contract term, but for a maximum of one year, unless the User or Jobwork terminates the contract with one day's notice to the end of the respective current renewal term.

5 Data Protection

The collection, processing and use of personal data is required for the use of the services. The User consents to the collection, processing and use of personal data. The privacy policy can be found here.

6 Use of Services, Availability

6.1 The User guarantees that the publication and its contents, e.g. the application and other texts and photos etc., do not violate statutory provisions or the rights of third parties. The User shall indemnify Jobwork with regard to the above guarantees against any claims by third parties and costs of legal proceedings (out-of-court and in-court).

6.2 The User shall not copy, sell or otherwise pass on to third parties the services offered by Jobwork, e.g. job descriptions, profiles of other Users, information or substantial parts thereof.

6.3 The User acknowledges that "100% availability of the services is technically not feasible". However, Jobwork endeavours to provide the services as consistently and completely as possible. In particular, maintenance or security work as well as events beyond Jobwork's control may lead to disruptions or temporary suspension of the services (e.g. disruptions to public communication networks, power outages, etc.).

7 Liability, Warranty, Duty to Report Infringements

7.1 Jobwork shall not be liable for slightly negligent breaches of duty, unless they concern essential contractual obligations (cardinal obligations) or guarantees, or damages arising from injury to life, body or health, or claims under the Product Liability Act.

7.2 Insofar as Jobwork is also liable for slight negligence, liability is limited in amount to damages that are typical for the contract and reasonably foreseeable at the time of conclusion of the contract.

7.3 Insofar as Jobwork's liability is excluded or limited, this shall also apply to the liability of legal representatives, employees or vicarious agents.

7.4 Jobwork shall not be liable for the functionality of data networks, servers and data lines to its data centre and the continuous availability of the services. Jobwork shall not be liable for the accuracy, timeliness and completeness of the job advertisements, content and data posted by the advertisers.

8 Procedure in the Event of Contractual Breaches

In the event of a breach of these T&C, Jobwork is entitled, at its own discretion, to warn the User or to temporarily or permanently exclude the User from further use of the services. Further claims are reserved.

9 Term, Amendment of Terms of Use, Change of Contracting Party

9.1 The agreement on the use of Jobwork's services shall initially apply for an indefinite period. However, it may be terminated by either party at any time without giving reasons, subject to the applicable notice periods. The User may terminate a paid membership at any time, subject to the applicable notice periods, in their account under Settings/Membership, by email or in writing.

9.2 Jobwork reserves the right to amend these terms of use, including with effect for existing user relationships, insofar as this appears necessary and the User is not unreasonably disadvantaged thereby. The User cannot object to the amendments but may terminate the user agreement immediately.

9.3 Jobwork may transfer the rights and obligations under this agreement to one or more third parties (assumption of contract). If Jobwork exercises this right, the User shall have the right to terminate the agreement.

10 Final Provisions

10.1 German law shall apply.

10.2 The invalidity of one or more of the above provisions shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose pursued by it.

10.3 The place of performance and exclusive place of jurisdiction shall be Berlin, insofar as legally permissible.

Using Jobwork as an Employer

1 Scope of Terms and Conditions

These General Terms and Conditions (hereinafter: T&C) apply to all employers who present their company on the platform of the internet portal Jobwork at www.jobwork.com (hereinafter: Jobwork) or offer a job there (hereinafter: Provider). The portal is offered by Jobwork GmbH, represented by the Managing Director Andreas Niederwipper, Friedrichstraße 23a, 10969 Berlin.

2 Service Description

Jobwork is a specialised job board for newcomers, talents and professionals from acting, dance, singing, promotion and many other fields. On Jobwork, renowned companies, agencies and casting directors publish new jobs daily from the film, television, theatre, musical, opera, music, trade fair, event and advertising industries. Providers can create a company profile on the platform and offer jobs. Jobwork does not act as an intermediary unless expressly agreed otherwise.

3 Registration as an Employer

3.1 Before using the services, the Provider must register. Registration is free of charge. The Provider warrants that they are of legal age at the time of registration. The Provider further warrants that they are not yet registered as a Provider on Jobwork under another name and that all data provided for registration is true and complete. The Provider further warrants that they do not compete and will not compete with Jobwork.

3.2 Registration can be carried out either via a valid email address, providing a password as well as the Provider's first and last name including complete company details, e.g. company name, address, etc. The Provider shall make changes or additions to the data without delay.

3.3 The Provider undertakes not to use accounts of other Providers. Name and password (hereinafter: access data) must be treated confidentially and protected from access by third parties. It is prohibited to allow third parties to use the services with one's own access data. If there is reasonable cause to believe that a third party has knowledge of access data, the Provider shall notify Jobwork immediately and change their password.

3.4 Upon registration, the employer acquires a free membership under which they can place advertisements free of charge.

4 Data Protection

The collection, processing and use of personal data is required for the use of the services. The Provider consents to the collection, processing and use of personal data. The privacy policy can be found here.

5 Use of Services, Availability

5.1 The Provider guarantees that the publication and its contents, e.g. the job offers, the company profile and other texts and photos etc., do not violate statutory provisions or the rights of third parties. The Provider shall indemnify Jobwork with regard to the above guarantees against any claims by third parties and costs of legal proceedings (out-of-court and in-court). Jobwork reserves the right to remove job offers, advertisements, etc. that conflict with the interests of Jobwork or its business partners.

5.2 Jobwork may edit the content, e.g. job offers, advertisements, etc., at its own discretion while safeguarding the legitimate interests of the Provider, e.g. shorten, change in form, colour and size, select parts and excerpts (e.g. without contact details), and present all posted and edited content for the purpose pursuant to Section 2, including the company identifier (logo, trademark, etc.), on Jobwork and also on other social media networks, blogs, etc. and newsletters.

5.3 The Provider shall not copy, sell or otherwise pass on to third parties the services offered by Jobwork, e.g. other job descriptions, profiles of Users, information or substantial parts thereof.

5.4 The Provider acknowledges that "100% availability of the services is technically not feasible". However, Jobwork endeavours to provide the services as consistently and completely as possible. In particular, maintenance or security work as well as events beyond Jobwork's control may lead to disruptions or temporary suspension of the services (e.g. disruptions to public communication networks, power outages, etc.).

6 Liability, Warranty, Duty to Report Infringements

6.1 Jobwork shall not be liable for slightly negligent breaches of duty, unless they concern essential contractual obligations (cardinal obligations) or guarantees, or damages arising from injury to life, body or health, or claims under the Product Liability Act.

6.2 Insofar as Jobwork is also liable for slight negligence, liability is limited in amount to damages that are typical for the contract and reasonably foreseeable at the time of conclusion of the contract.

6.3 Insofar as Jobwork's liability is excluded or limited, this shall also apply to the liability of legal representatives, employees or vicarious agents.

6.4 Jobwork shall not be liable for the functionality of data networks, servers and data lines to its data centre and the continuous availability of the services.

7 Procedure in the Event of Contractual Breaches

In the event of a breach of these T&C, Jobwork is entitled, at its own discretion, to warn the Provider or to temporarily or permanently exclude the Provider from further use of the services. Further claims are reserved.

8 Term, Amendment of Terms of Use, Change of Contracting Party

8.1 The agreement on the use of Jobwork's services shall initially apply for an indefinite period. However, it may be terminated by either party at any time without giving reasons or observing notice periods, by email or in writing.

8.2 Jobwork reserves the right to amend these terms of use, including with effect for existing user relationships, insofar as this appears necessary and the Provider is not unreasonably disadvantaged thereby. The Provider cannot object to the amendments but may terminate the user agreement immediately in accordance with Section 8.1.

8.3 Jobwork may transfer the rights and obligations under this agreement to one or more third parties (assumption of contract). If Jobwork exercises this right, the Provider shall have the right to terminate the agreement.

9 Final Provisions

9.1 German law shall apply.

9.2 The invalidity of one or more of the above provisions shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose pursued by it.

9.3 The place of performance and exclusive place of jurisdiction shall be Berlin, insofar as legally permissible.