General terms and conditions for the placement of applicants

1. Definitions, Contracting Parties

„Affiliate“ means the company that registers on the website https://www.moberries.com as a "company" and establishes a user account and these terms and conditions for the placement of applicants, after prior selection of the term of the contract and the subscription level, by clicking on the "I accept the terms and conditions for the placement of applicants of MoBerries GmbH" on the website https://www.moberries.com accepted.

„MoBerries“ means the MoBerries GmbH with seat in the Schwedter Str. 9a, 10119 Berlin, Germany, which is registered in the commercial register of the district court Berlin Charlottenburg under the number HRB 165716 B.

2. Scope, bidder search and provision of candidates

2.1 These terms and conditions for the placement of applicants ("Terms and Conditions for the recruitment of applicants") apply exclusively. Contrary or differing from these terms and conditions for job applicants or supplement these conditions, in particular general (order) conditions of the partner, is hereby contradicted. Deviations or additions will only be accepted if MoBerries expressly agrees to them in writing.

2.2 These terms and conditions for the placement of applicants apply only to entrepreneurs, legal entities under public law or special funds under public law within the meaning of § 310 para. 1 BGB.

2.3 MoBerries provides the Partner via the website https://www.moberries.com an online available user account in the context of the MoBerries platform, through which the partner u.a. start his search for applicants or see the applicants provided by MoBerries. In addition, MoBerries provides the partner with relevant statistics and status information as part of its user account.

2.4 The Partner is entitled to start applicant searches in accordance with paragraph 2.5 which are to be carried out by MoBerries in accordance with these terms and conditions for the recruitment of applicants. Several applicant searches can be active at the same time. The number of candidate searches to be made to the partner during the contractual term of twelve (12) months and twenty-four (24) months, respectively, is determined by the subscription level chosen.

2.5 In order to start an applicant search, the Partner must submit to MoBerries a request for applicant search using the relevant input mask in his user account, indicating the nature and category of the body ("job") to be offered to the candidate and the profile of the requested candidate ("job description") And any other additional requirements (if any).

2.6 Upon receipt of the application for a candidate search, MoBerries, subject to the provision of paragraph 3.2 above, will seek, for a period of one (1) month ("search period") for the Partner, the job description and other requirements (if any) of the Partner correspond. The search is limited to the general MoBerries database and all persons included in it, as long as the partner has not activated the function "Activate Recruiter Profile" by clicking on the corresponding field in his user account. If the partner has activated this function, MoBerries will take into account in addition to the general MoBerries database also those persons in the applicant search who have been recommended by MoBerries recruiters and named for referral (the search in the general MoBerries database with or without consideration of persons who have been recommended by MoBerries to recruiting agencies and appointed for referral, hereinafter referred to as "applicant search").

2.7 The results of the applicant search will be made available to the partner of MoBerries following the search period (each person referred to the partner as eligible, hereinafter referred to as "applicant").

2.8 Applicants who have previously been recommended by MoBerries and nominated for referral are subject to an additional fee under a paid subscription plan with monthly fee, which accrues to MoBerries subject to and under the conditions set out in paragraph 6.1.2. Under a free subscription plan without a monthly fee, these candidates are normally subject to an increased fee to other applicants from MoBerries, which accrues to MoBerries subject to and under the general conditions set out in paragraph 6.2.1.

2.9 MoBerries will, in the context of providing the results of the applicant search, provide the fee (in addition) for the individual candidate, subject to and under the conditions of paragraph 6.1.2 and 6.2.1.

2.10 If the term of the contractual relationship between MoBerries and the Affiliate ends before the actual expiry of the search period, MoBerries will terminate the Applicant Search five (5) business days before the end of the term of the contract and make the results of the Applicant Search available to the Affiliate.

2.11 If MoBerries makes available to the Partner, in the context of the results, an applicant already known to the Partner, the Partner is obliged to refuse, in writing or in writing, the provision of the applicant concerned.

2.12 The Affiliate must treat as confidential the data and information provided by MoBerries about Applicants, not disclose them to third parties and may only disclose them to third parties in compliance with applicable law and only for the purposes set out in paragraph 4 Use body.

3. Refer rejected partner applicants to MoBerries (Talent Pool feature)

3.1 During the term of the contract, the Partner is obliged to recommend MoBerries to MoBerries in person who had previously applied to the Partner for employment without the participation of MoBerries, but who were rejected by the Partner ("rejected partner applicants") to register the general MoBerries database. For this purpose, MoBerries provides the partner with a personalized hyperlink, which the rejected partner applicants are to use for registration in the general MoBerries database ("personalized hyperlink").

3.2 If a free subscription plan without a monthly fee is agreed with the Partner, MoBerries may make the execution of the first applicant search for the Partner conditional on the requirement that the Partner proves to MoBerries in an appropriate form that it fulfills its obligation under paragraph 3.1. Separate proof is usually unnecessary if MoBerries has received a first request for entry into the MoBerries database from a rejected partner applicant via the corresponding personalized hyperlink.

4. Acceptance or rejection of candidates by the partner

4.1 MoBerries will allow the Partner, as part of its user account, to view the relevant anonymized data and information of the Applicants eligible for the results of the Applicant's search, and then "accept" or unsubscribe the Applicants by clicking on the "Accept" field Clicking on the field "Reject" can "reject".

4.2 If the Affiliate has "accepted" an applicant by clicking on it, MoBerries will then provide the Affiliate with full details of the Applicant so that the Affiliate can contact the Applicant concerned and consider him for the position. Disclosure of this information to third parties (such as affiliate companies) is prohibited. With the exception of the limitation referred to in paragraph 2.12 for the purposes set out in paragraph 4, paragraph 2.12 shall apply mutatis mutandis.

4.3 If the partner has selected the option to use MoBerries applicants via his existing applicant tracking management system, then all applicants are considered “accepted” and section 4.2 applies.

5. Obligations of the partner, contractual penalty

5.1 The Partner must inform MoBerries immediately if a vacancy is no longer available.

5.2 Paid subscription plan with monthly fee

5.2.1 The Partner shall promptly inform MoBerries if it has awarded a post to a candidate provided by MoBerries and accepted by the Partner pursuant to paragraph 4.1. In doing so, he must give MoBerries the name of the candidate in question.

5.2.2 If the Partner refuses to accept an applicant provided by MoBerries within the meaning of paragraph 4.1 or if the Partner does not accept or refuse it within the meaning of paragraph 4.1, he shall nevertheless enter into a contract with that candidate as a result of the provision a permanent or temporary employment relationship, the Partner must immediately inform MoBerries in accordance with the obligations set out in paragraph 5.2.1.

5.2.3 The Affiliate hereby acknowledges and acknowledges that in each case of culpable violation of the obligation in paragraph 5.2.1 or paragraph 5.2.2, a penalty of three (3) monthly fees is agreed in accordance with the current subscription plan of the Partner, and is due for payment.

5.3 Free subscription plan without monthly fee

5.3.1 The Partner shall promptly inform MoBerries if it has awarded a post to an applicant provided by MoBerries and accepted by the Partner pursuant to paragraph 4.1. In doing so, he must give MoBerries the name of the candidate and the category of post.

5.3.2 If the Partner refuses to accept an applicant provided by MoBerries within the meaning of paragraph 4.1 or if the Partner does not accept or refuse it within the meaning of paragraph 4.1, he shall nevertheless enter into a contract with that candidate as a result of the provision a permanent or temporary employment relationship, the Partner must immediately inform MoBerries of this in accordance with the obligations set out in paragraph 5.3.1.

5.3.3 The Affiliate hereby acknowledges and acknowledges that for each case of culpable breach of the obligation in paragraph 5.3.1 or paragraph 5.3.2 a contractual penalty in the amount of twice the amount of the performance fee as defined in paragraph 6.2.1 is agreed and is due for payment.

6. Fees and payment conditions

6.1 Paid subscription plan with a monthly fee

6.1.1 Monthly fee

If the Partner has selected a paid monthly subscription plan to reimburse MoBerries' services and activities, the Partner pays for each calendar month a fixed monthly price based on the Partner's subscription level as described in detail below under the link set out in paragraph 6.4 ( "monthly fee"). If the Partner has chosen to pay once for the contractual term of twelve (12) months and twenty-four (24) months, the corresponding monthly fees for that term will be paid by MoBerries at the beginning of the relevant term or extension period be invoiced. If the Affiliate has chosen monthly billing, the Monthly Fee for each month will be charged by MoBerries at the beginning of each month. Invoices within the meaning of this paragraph 6.1.1 shall be due for payment within five (5) working days of receipt. In case the partner chooses the payment with a credit card, the partner gives MoBerries permission to initiate a payment or a series of payments on the Partners behalf, based on the Partners selected subscription plan.

6.1.2 Additional fee

If the partner concludes a temporary or permanent employment contract with an applicant provided by MoBerries, who has previously been recruited by a recruiter and appointed for referral, the partner has an additional fee for the employment and provision of that applicant, MoBerries, as indicated in the provision of the results referred to in paragraph 2.9 with respect to that candidate. Paragraph 6.2.2 applies accordingly. For other than previously recommended by a recruiter and designated for referral and with the additional fee designated applicants is in the context of a paid subscription plan with monthly fee in the case of a temporary or permanent employment contract no additional fee to pay.

6.1.3 Fees for additional applicant searches

6.1.3.1 During the contractual period of twelve (12) months and twenty-four (24) months respectively, the Partner may start the applicant search according to his subscription level.

6.1.3.2 If the Partner wishes to submit more requests for applicant searches than provided for in its subscription plan, such additional applicant searches may be agreed individually between the parties, with the Partner providing an additional fee to MoBerries for each additional applicant search, depending on their respective subscription level has to pay. The fees per additional bidder search are detailed in the pricing subscription section, the pricing “pay per hire” section, and the order confirmation virtual recruiter section. The details of the additional applicant searches valid at the time of conclusion of the contractual relationship apply.

6.1.3.3 The provisions in paragraph 2.6 concerning the search period of applicant searches apply accordingly to additional applicant searches.

6.1.3.4 Fees for additional applicant searches will be charged monthly by MoBerries. Invoices within the meaning of this paragraph 6.1.3.4 shall be due for payment within five (5) working days of receipt.

6.2 Free subscription plan without monthly fee, fee

6.2.1 If the Affiliate has chosen a free subscription plan without obligation to pay a monthly fee ("pay per hire") and concludes a fixed or permanent employment contract with an Applicant provided by MoBerries, the Affiliate has MoBerries for the activity and provision thereof To pay a fee to the candidate, as indicated in the provision of the results referred to in paragraph 2.9.

6.2.2 The fee is payable within five (5) working days after conclusion of the employment contract and invoicing by MoBerries. The entitlement to the fee arises even if the conclusion of the temporary or permanent employment contract only takes place after termination of the contractual relationship between MoBerries and the partner, but comes about as a result of the activity and provision of MoBerries.

6.3 Credit of the fee or additional fee in case of early termination of the employment relationship

6.3.1 If, in respect of the fixed-term or permanent employment contract concluded between the applicant and the Partner, the Partner terminates the employment contract within the first forty (40) calendar days of the applicant's employment, the Partner shall be entitled to demand MoBerries for the credit und of the additional fee within the meaning of paragraph 6.1.2 or the fee referred to in paragraph 6.2.1 in the form of credits for future hires at MoBerries.

6.3.2 If the Partner wishes to assert the credit claim referred to in Paragraph 6.3.1 with respect to the fee or the additional fee to MoBerries, the Partner shall notify MoBerries immediately, but no later than three (3) working days following the termination of the employment contract Notice of termination must be provided in written or text form and the claim for repayment within the aforementioned three-day period must also be asserted in written or text form to MoBerries. If the aforesaid notification and the assertion of the credit claim in accordance with paragraph 6.3.1 are not made in the aforementioned form and/or within the aforementioned three-day period, or if the employment contract was terminated after expiry of the aforementioned first forty (40) calendar days The assertion of the credit claim within the meaning of paragraph 6.3.1. Any claims for the credit of the fee due to the Partner by law shall remain unaffected.

6.3.3 The credit of the fee or additional fee shall be confirmed, provided in written or text form, within ten (10) working days after the assertion by the Partner to the Partner's account designated by the Partner, provided that the conditions for the credit of the additional fee specified in this section 6.3 are met. of the fee are available. 

6.3.4 The credit needs to be used by the Partner within twelve (12) months after receiving the confirmation.

6.4 Details of subscription levels

The scope of services and the respective monthly fees, as well as further fees, if any, of the individual subscription levels are described in detail in the pricing subscription section, the pricing “pay per hire” section, and the order confirmation virtual recruiter section. The details of the subscription levels valid at the time the contract is concluded to apply.

7. Term and Termination

7.1 The contractual relationship between MoBerries and the partner is activated by clicking on the "I accept the general terms and conditions for the placement of applicants of MoBerries GmbH" on the website https://www.moberries.com by the partner and has, depending on previous selection the partner has a term of twelve (12) months or twenty-four (24) months. If the contractual relationship is terminated by a party not one (1) month before the end of its term or a subsequent renewal period in writing (e-mail), this will automatically be extended by a further twelve (12),  depending on the length of the previous term twenty-four (24) months.

7.2 The right of the parties to extraordinary termination for good cause remains unaffected. Any extraordinary termination must be in writing.

7.3 MoBerries shall in particular be entitled to terminate the contractual relationship for good cause if the Partner fails to fulfill its obligations in accordance with paragraph 3.1 despite prior written warning or if it fails to comply with any of its obligations under paragraphs 5.2.1, 5.2.2, 5.3.1 or 5.3.2 injured.

8. Confidentiality

8.1 The Parties undertake to treat as strictly confidential and not to disclose to third parties any information concerning the other party and its business that are not publicly known and that have been disclosed to it in connection with or in connection with the contract, except as far as this is necessary for the execution of the contractual relationship.

8.2 The right to extraordinary termination in accordance with paragraph 7.2 remains unaffected.

9. Liability and warranty

9.1 Except in cases of gross negligence or intent on the part of MoBerries, MoBerries shall not be liable for the accuracy, completeness or content of, or in other respects for, information and information provided by MoBerries and / or the Partner to Applicants.

9.2 In all other respects MoBerries is liable for damages - for whatever legal reason - in the context of the fault liability in case of gross negligence and intent. In case of ordinary negligence MoBerries is liable only for damages resulting from injury to life, limb or health as well as for damages resulting from the material breach of an essential contractual obligation (obligation whose fulfillment makes the proper execution of the contract possible and whose compliance the partner regularly familiar and trust); In the latter case, the non-negligible breach of a material contractual obligation, the liability of MoBerries is limited to the compensation of foreseeable, typically occurring damage.

10. Advertising with the partner as a reference customer

For the duration of the Agreement, the Partner grants MoBerries the right to use the Partner's name and logo to identify it as a reference customer (for example, on the MoBerries website and in MoBerries print and / or online promotional materials)

11. Other

11.1 These Terms and Conditions for Applicants, including the separate term and subscription level agreements, constitute the entire agreement between the parties with respect to the subject matter and supersede any prior agreement and / or prior agreement, written or oral, between the parties ,

11.2 Amendments to the provisions of the contractual relationship as well as these terms and conditions agreed between the parties, including this paragraph 11.2, may only be made by mutual agreement and must be in writing in order to be valid.

11.3 These terms and conditions for job placement as well as the contractual relationship between the parties are governed by the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

11.4 The place of performance and exclusive place of jurisdiction for all disputes arising out of or in connection with the contractual relationship between the parties is Berlin, Germany. However, MoBerries is also entitled to call any other court whose jurisdiction would be under the law. Mandatory statutory regulations, in particular regarding exclusive responsibilities, remain unaffected.

11.5 Should individual provisions of these terms and conditions regarding the placement of applicants and / or the contractual relationship not be effective, this shall not affect the validity of the remaining provisions of the terms and conditions for the placement of applicants or the contractual relationship. In such event, the ineffective provision shall be deemed replaced by an effective provision which comes closest to the economic intention of the parties.