LightingJOBS - a common service of ON-LIGHT and HIGHLIGHT is represented by:

HIGHLIGHT Verlagsges. mbH
Braugasse 2
59602 Rüthen
Germany

Phone: +49 (0)2952-9759200
Fax: +49 (0) 2952-9759201

info@lighting-jobs.de
www.lighting-jobs.de

General Manager: Dipl.-Kfm. Markus Helle
Register Court Arnsberg HRB 3027


§ 1 Obligation - Advertising Order - Field of Application

(1) LightingJOBS (contractor) obligates to run the online platform www.lighting-jobs.de (which is accessible under other domain names as well) for the placement of job offers, banners and other online advertising formats.
"Advertising Contract" for the purpose of the General Terms and Conditions below means a contract which entitles business enterprises (customers) to place the agreed advertisements on the site "Lighting-JOBS.de".  
 
(2) The advertising contract exclusively is subject to our General Terms and Conditions. Contradictory or deviating terms of the customer do not become components of the contract, unless the contractor expressly acknowledges  their validity in written form.
 

§ 2 Accomplishment of the contract
 
The advertising contract comes about as soon as the customer obtains - after verbal or written ordering based on the price list or written or verbal offers - an order confirmation by post, telefax or email and does not contradict  this within three business days; or if the advertisement has been put online after verbal ordering and has not been disagreed by the customer within three business days.   
 

§ 3 Right to Rejection
 
(1) The contractor reserves the right to reject advertising orders due to their content, their origin or the technical form. This especially applies to orders with controversial tenor which goes against legal or official prohibitions
or offends against good manners or if the publication - due to other causes - is deemed unacceptable by the contractor. 

(2) The contractor reserves the right to remove job ads, banners and other advertisements direct and without previous notice to the customer if their content goes against legal or official prohibitons or offends against good manners. The customer is to be informed immediately on this sanction. A customer's claim for reimbursement  does not result from this. 
 

§ 4 Content of the Advertisement, Third-party Claims

(1) Only the customer bears responsibility for the content and the legal admissibility of the text and graphic data submitted as material for the advertisement to be published. The contractor is not obliged to examine
whether advertisements undermine the rights of third parties. The customer is obliged to release the contractor from all claims which might, in any form, result from the execution of the order. 
 
(2) As far as the publication of the advertisement affects protected trademark rights, the customer herewith grants the permission for their utilization. The customer assures that he is authorized to grant this permission.
 


§ 5 Copyrights and Rights of Use
 
(1) For advertisements designed by the contractor, the copyrights as well as all other rights fully remain with him (the contractor). On payment of the fee for the ad's design, the customer gains a right of use for this particular advertisement which can be inserted on the places on Lighting-JOBS.de. Beyond that, this particular advertisement
only can be inserted and/or linked on the customer's or any other provider's homepages if the contractor has given his permit to this.    
 
(2) The contractor obtains the right of use for advertisements or banners designed by the customer or third parties delegated by him to that extent that he can publish the ad on Lighting-JOBS.de according to the order. In addition to this, the right of use applies for other domains of LightingJOBS, of the publishing house HIGHLIGHT and of ON-LIGHT where the advertisement can be published due to special combination packages.     
 


§ 6 Start of Publication - Fullfilment of Contractual Obligations
 
The start of the publication and, thus, the fullfilment of the contractual obligation for the customer, commences at a fixed date which is documented in the confirmation of order. As far as no date has been stipulated in this manner, the publication starts direct after conclusion of the advertising contract. The customer is responsible for the complete delivery of proper and suitable advertising material for publication on the internet or of documents and data from which an appropriate advertisement for the internet can be designed. This delivery has to be made no later than three business days before the stipulated start of the publication.
 
 
§ 7 Fees, Delays
 
(1) For the publication of his ad, the customer has to pay to HIGHLIGHT Verlagsges. mbH the fee indicated in the confirmation of order. The configuration of prices is subject to the acutal, valid price list.   

(2) HIGHLIGHT Verlagsges. mbH immediately issues the invoice for the advertisement on start of the publication
and remitted to the customer. The invoice becomes due within 14 days and has to be paid without any deduction.
 
(3) If we can prove a damage caused by delay which is higher than the statutorily regulated one, we are entitled
 to assert this right.


§ 8 Site of Publication, Linking/Framing
 
(1) The customer pays the fee for the publication of his job ad/banner on the internet site of the domain Lighting-JOBS.de.
 
(2) Beyond that, we are not obliged but have the right to publish the job ad elsewhere - especially via telefax, email or telephone to potential applicants and providers. This is an additional and voluntary service from our part, from which no extra costs will occur for the customer.
 
(3) After expiration of the advertising contract or on the customer's previous recall, the contractor will remove the advertisement from the internet immediately or within a narrow time frame.

 
§ 9 Modification of the advertisement's content
 
(1) During the runtime of the contract, the customer books one or more placements on our job board. Should the occasion arise that - during this runtime - a new textual modification becomes neccessary, the contractor is obliged to perform these alterations - as far as this is resonable and appropriate with regard to technic and content.
Explicitly excluded are modifications relating the identity of the advertisement - which at least advertise another job
than the originally advertised vacancy.    
 
(2) Modifications which can be performed by us without great efforts will be conducted free of charge. Otherwise,  the required changes are charged depending on the efforts according to hourly rate indicated in the actual price list. These modifications require a written order on behalf of the customer.  


§ 10 Warranty
 
(1) According to convenient technical standards, the contractor guarantees an optimal representation of the advertisement. In line with the latest state of the art, at present it is not possible to set up a programme which is enterly clean of bugs.   
 
(2) The following reasons exclude a faulty representation of the job ad on the part of the contractor:
- utilization of an unsuitable presentation soft- or hardware
- bugs in the communication networks of other operators
- computer failure of an internet-access-provider or of a online-retailer
- if the program (partially) does not run due to imcomplete and/or un-updated offers on so-called proxy-servers (caches) of commercial or uncommercial providers and online-retailers 
- a technically-related failure of the ad-server for max. 24 hours (continually or aggregated) within 30 days after start of the contracted publication
 
(3) All reasons mentioned above - par. (2) - entitle the customer to raise a claim on prolongation of his publication
for the term of the failure.   
 
(4) In case of reasons for which the contractor is responsible, the customer can claim for a perfect compensational-advertisement if the job ad is represented inadequately. This, however, only to that extent in which the purpose of the job ad was affected. If we are not willing or able to do so, if we refuse the customer's claim or if there occurs an imappropriate  delay due to reasons for which we are responsible, or if the publication of the ad fails at all, the customer has the right to claim for recission of the contract (conversion) or reduction of the price. 


 § 11 Notice of Defects
 
The customer is obliged to check the advertisement immediately after start of the publication and promptly to make notice of any faults. The deadline for the rebuke starts - in case of apparent defects - on publication of the ad and - in case of latent defects - on their discovery. If the customer neglects to make notce of defects, the advertisement is considered to be free of defaults and approved.


§ 12 Liability
 
(1) Liability of us, our representatives or subcontractors on compensation  - especially caused in the event of delay, non-fulfillment, misperformance or unauthorized act - only exists in the case of gross misconduct of cardinal duties, in the performance of which the customer may trust to a special degree. The exclusion of liability does not apply for the case of intent or gross negligence or for a liability due to guaranteed features.

(2) As far as cardinal duties are negligently violated, the liability is limited to the price of the job ad.

(3) With respect to business people, the liability for gross or minor negligence of subcontractors who are no legal representatives or chief executives, (even in the case of intent) anyhow is limited on the damage which is - for cases of that kind - usually and typically forseeable and beyond the customer's control.
 
 
§ 13 Storage of Documents - Retention of advertisements
 
(1) Prototypes released by the customer for the production of the advertisement will not be returned by us unless on his special written demand. Our duty to store the documents ends three months after termination of the contract.
 
(2) We are not obliged to store the advertisement after conclusion of the advertising contract.
 

§ 14 Secrecy, Data Protection
 
(1) The contracting parties commit to treat any information and data related to this order as strictly confidential
and not to make them available to third parties. This obligation continues and does not end upon conclusion of the contract.

(2) The customer herewith is informed that his personal data are stored in a machine-recognizable manner and that they are processed for purposes of the contract and acquisition (see §33 paragraph 1 Federal Data Protection Act)


§ 15 Place of Fulfillment, Place of Jurisdiction, Miscellaneous

(1) Place of fulfillment and jurisdiction is Warstein.

(2) Subsidiary agreements, alterations and amendments must be in writing in order to be effective.
 
(3) For all legal relationships of the contracting parties the statutory right of the Federal Republic of Germany shall apply.