Section 1 – General Description

The company SB Treureal Consult AG (hereinafter referred to as SB Treureal Consult) provides a fee-based recruitment service for skilled professionals to employers in Germany. All skilled professionals are recruited under the brand “EuroJobzz,” which is 100% owned by SB Treureal Consult AG. This service is provided through the internet platform www.eurojobzz.com. The following terms and conditions apply equally to consumers and businesses, unless there are explicit provisions specifically marked for consumers or businesses. This offer is exclusively intended for companies with a registered office in Germany and is designed to meet the requirements of the German job market.

Section 2: Clarification of terms

Skilled Professional: In this context, the term “skilled professional” refers to an individual with professional qualifications actively seeking employment in Germany through SB Treureal Consult.

Employer: The term “employer” here refers to any entrepreneur within the meaning of § 14 of the German Civil Code (BGB) who utilizes SB Treureal Consult to find new employees for their own business.

Recruiter: A “recruiter” is either a natural or legal person who seeks employees not for themselves but for third parties, meaning other companies or clients.

Guardian: A guardian is an individual legally authorized to represent and support another person’s interests and concerns when that person, for various reasons, is unable to handle certain matters on their own. The guardian acts on behalf and in the best interests of the affected individual and assumes responsibility for various aspects of their life, such as legal, financial, health, or personal matters.

Section 3: Scope of application

(1) The following provisions apply to the use of the internet pages and services provided by SB Treureal Consult. SB Treureal Consult offers its services to professionals who are at least 18 years of age and to employers in Germany, Austria, and Switzerland. Any differing or contrary conditions of users or customers will not be accepted by SB Treureal Consult unless SB Treureal Consult has explicitly agreed to these conditions in writing on a case-by-case basis.

Section 4: Obligations and rights of the skilled professional

(1) Every skilled professional is entitled to enter their personal information into the appropriate input fields or upload confidential documents. The provided data must be accurate and truthful. If this information becomes outdated, inaccurate, or illegible, the skilled professional is obligated to update it. In cases of attempted fraud using forged documents, the skilled professional is required to provide evidence of the authenticity of the documents; otherwise, this individual will be permanently excluded from the placement process.

(2) Access credentials must be kept confidential. The skilled professional may not misuse their access privileges, particularly by granting access to third parties or otherwise enabling it. SB Treureal Consult’s services must not be used for unlawful activities.

Section 5: Obligations and rights of the employer

(1) The employer is solely obligated to offer job positions within their own company, for which they are the sole employer in both factual and legal terms. The employer may only use SB Treureal Consult’s services in connection with these job positions.

(2) The platform access credentials must be kept confidential by the employer and protected from unauthorized third-party access. The access credentials are solely for the purpose of selecting employees. All subsequent processes are handled by SB Treureal Consult up to successful placement. All information available on the platform may only be used for the purpose of recruiting their own employees. The services of SB Treureal Consult must not be used for unlawful purposes. The employer agrees not to disclose or make this information accessible to third parties. Companies connected to the employer in accordance with §§ 15 ff. AktG are not considered third parties in this context.

(3) The employer may not use information about skilled professionals, which is accessible on the SB Treureal Consult platform, contrary to the apparent and/or assumed intentions of SB Treureal Consult. In particular, it is prohibited to circumvent SB Treureal Consult’s services to avoid fee claims of SB Treureal Consult for themselves or third parties.

(4) The employer undertakes to indemnify SB Treureal Consult from all claims made by third parties due to a culpable breach of the above-mentioned obligations. This includes the costs of necessary legal defense, including all actual legal fees and court costs incurred.

Section 6: Prohibition of use for personnel recruiters / headhunters

The use of the platform by personnel recruiters or headhunters is expressly prohibited. In particular, registering as an employer under false information is prohibited.

Section 7: Rights and Obligations of SB Treureal Consult

(1) SB Treureal Consult is authorized, but not obligated, to publish the data entered by the skilled professional, especially the “Skilled Professional Profile.

(2) SB Treureal Consult aims for data availability on the internet that corresponds to the usual technical standards. However, no guarantee is given for continuous availability. SB Treureal Consult is not liable for internet connection failures or other resources beyond SB Treureal Consult’s control (e.g., lines and servers), especially if the data should become unavailable without fault on the part of SB Treureal Consult.

(3) SB Treureal Consult undertakes to use all information provided by the skilled professional only for the intended purpose. This includes the collection, storage, and publication of information according to the separate privacy policy, as well as the sharing of this data with registered employers for storage and contractual use. SB Treureal Consult is also authorized to contact the user based on the provided data.

(4) SB Treureal Consult is authorized to delete skilled professional profiles without providing reasons. Typically, SB Treureal Consult will exercise this right, especially when a profile contains false information, is outdated, is considered a duplicate, or impairs the quality or usability of SB Treureal Consult’s database or offerings.

Section 8: Right of withdrawal – exclusively for consumers

(1) Skilled professionals who create their profiles with SB Treureal Consult are considered consumers under German law. Under German law, entering personal information and uploading documents does not immediately establish a contractual relationship between employer and employee.

(2) Every consumer (skilled professional) has the right to withdraw from the contract concluded with SB Treureal Consult at any time and without providing reasons by sending an email to: widerruf@eurojobzz.com.

Section 9: Employer Accounts; Duration

(1) The registered employer can create a free user account for unrestricted access to skilled professional data. They are obligated to keep the access credentials for this account confidential and are responsible for all activities carried out through their user account. In case of violations, SB Treureal Consult reserves the right to close user accounts at its own discretion.

(2) The user account and the associated services are granted to the employer for an indefinite period. The resulting service relationship is concluded for an indefinite period and can be terminated by both parties at any time without providing reasons and without observing a notice period.

(3) Fee claims that have already accrued at the time of termination remain unaffected by the termination of the contract.

Section 10: Access to Skilled Professional Data for Employers

The employer can only view skilled professional data if they have activated the button provided by SB Treureal Consult for accessing all skilled professional data associated with a specific skilled professional.

Section 11: Fee for the Employer

The employer is obligated to pay a corresponding fee. The fee is individually agreed upon with each employer. Payments for the fee are to be made in discussed installments related to specific integration stages, which are also determined individually.

Section 12: Fee for the Employee

Every employee is required to pay a placement fee. This fee is used for document verification and continued support for the person being placed. Payments are made in installments, and the specific installment amounts are dependent on the respective placement stages.

Section 13: Warranty Exclusion

The data entered by skilled professionals, especially the “uploaded documents,” have not been verified for accuracy by SB Treureal Consult. Therefore, SB Treureal Consult does not provide any warranty regarding the accuracy of the personal data to the employers.

Section 14: Liability, Limitation of Liability, and Liability Disclaimers

Claims for damages by the employer, regardless of the legal basis, particularly due to breaches of obligations arising from the contractual relationship and unlawful acts, are excluded. This exclusion does not apply in cases of mandatory liability, such as in cases of intent, gross negligence, endangerment of life, body, or health, intentional concealment of defects, or the violation of essential contractual obligations (cardinal obligations). In cases where essential contractual obligations are violated, the claim for damages is limited to the typical, foreseeable damage under the contract, provided there is no intent or gross negligence, or liability for endangering life, body, or health.

Section 15: Availability

SB Treureal Consult cannot guarantee uninterrupted availability of its services. SB Treureal Consult is not liable for disruptions in the network and service infrastructure that are not due to its fault.

Section 16: Waiver of Assignment and Prohibition of Set-off

(1) Any rights that the employer has acquired from this contract and its execution against SB Treureal Consult can only be transferred to third parties with prior written consent from SB Treureal Consult.

(2) The employer is only entitled to set off claims against SB Treureal Consult if they have been legally determined, undisputed, or acknowledged by SB Treureal Consult. The employer can exercise a right of retention only if their counterclaim is based on the same contractual relationship and has been legally determined, undisputed, or acknowledged by SB Treureal Consult.

Section 17: Confidentiality

All skilled professionals and employers undertake to treat the information and data they have received as users of the SB Treureal Consult services as confidential and not to disclose it to third parties. Companies connected to either of the contracting parties in accordance with § 15 AktG are not considered third parties.

Information received during the use of the SB Treureal Consult services must be treated as confidential, unless it is already publicly accessible or known, or was lawfully known to the employer or skilled professional before.

Section 18: Data Protection

(1) Within the legal provisions, SB Treureal Consult is authorized to process data received from the employer in connection with the business relationship, regardless of whether it originates from the employer or a third party, in accordance with the requirements of the Federal Data Protection Act for its own purposes.

(2) Claims for damages arising from the handling of such data, except for liability pursuant to § 13 (Limitation of Liability and Liability Exclusions), are excluded.

(3) Personal data is collected and processed by SB Treureal Consult in accordance with the General Data Protection Regulation (GDPR) and the Telemedia Act (TMG).

(4) SB Treureal Consult secures the data entered on the platform and email correspondence in accordance with the current state of the art.

Section 19: Final Provisions

Supplementary agreements, changes, and amendments require written form, including modifications to this provision, to be effective.
For all legal relationships between Employland on one side and skilled professionals and employers on the other side, the law of the Federal Republic of Germany applies.

The invalidity or unenforceability of one or more provisions of these terms and conditions does not affect the validity of the remaining provisions of these terms and conditions.

With respect to employers: The place of performance and the exclusive place of jurisdiction for all disputes, to the extent legally permissible, is Zurich.