§ 1 General Provisions

With www.perjob.com, Lionos GmbH provides a marketplace where registered members may offer services of any kind or request such services, as well as conclude the corresponding legal contracts. With regard to these contracts, Lionos GmbH is never contractual party, representative, agent or subcontractor. Conclusion of contract and contractual performance does take place only between the members of www.perjob.com ("perJOB Members").

With www.perjob.com, Lionos GmbH provides a means to offer services and invite tenders for assignments. Lionos GmbH will not verify the contents of these service offers and invitations to tender as to their completeness, correctness or legitimacy. The persons publishing such content on the domain www.perjob.com are exclusively liable for the completeness, correctness and legitimacy of the contents.

§ 2 Area of application and reservation of right of alterations

To the business relation between Lionos GmbH and the users of the domain www.perjob.com the following terms and conditions exclusively apply in their valid version.

Differing terms and conditions as well as verbal agreements will only take effect with an express written confirmation by LionOS GmbH.

The current terms and conditions are accessible via the link "Conditions of Use & Sale" [Link] on www.lionos.com. LionOS GmbH expressly reserves the right to alter the terms and conditions at any time, alterations will be disclosed to the users per email not later than two weeks before taking effect. perJOB Members may object to the changes within 2 weeks after receiving said email. If a perJOB Member does not object within the 2-week period, the changes are held as accepted by that perJOB Member. In case of objection Lionos GmbH is entitled to terminate the user contract on immediate notice.

§ 3 Registration and password

Registration with perJOB is necessary in order to use all of perJOB's services. Upon registration the user has to choose a username and a password. Registering with perJOB is free of charge. By registering with perJOB and accepting these Terms & Conditions as well as our Privacy Policy a contract governing the use of the services offered by Lionos GmbH on www.perjob.com is concluded between Lionos GmbH and the user. Users are not entitled to claim the conclusion of such contract.

The information submitted upon registration has to be true and accurate, changes regarding this information have to be disclosed to LionOS GmbH without delay. The information can normally be changed via online form accessible in the members' area.

Only fully legally competent natural persons and juristic persons are allowed to register with perJOB. Registration of a juristic person may only be made by fully legally competent natural persons authorized to represent said juristic person. Lionos GmbH is entitled to demand proof of authorization to represent the juristic person. Minors are not allowed to use perJOB services requiring registration.

Lionos GmbH verifies information provided upon registration only in substantiated cases. Therefore the provision of false information by perJOB Members cannot be ruled out. perJOB Members are themselves responsible of verifying their contractual partners' identity, solvency and accuracy of qualifications and credentials.

Upon registration the user is asked to choose a user name and a password. Users are not allowed to choose user names which offend common decency or infringe third parties' rights (notably but not limited to copyrights).

The perJOB Member has to ensure that his user password is not accessible by third parties. He is liable for all activities carried out under his user data and the damages caused by them to LionOS GmbH. He is obliged to immediately inform LionOS GmbH of unauthorized use of his user data by third parties. After taking notice LionOS GmbH will deny access to the perJOB Member's password-protected area. Access will not be granted again unless the perJOB Member files a special application to LionOS GmbH.

perJOB/Lionos GmbH employees and members of staff will never pass on perJOB Member passwords and never ask for passwords via letter, email or telephone. In case perJOB Members are being asked for their passwords via letter, email or telephone, they are obliged to immediately inform Lionos GmbH of this by sending an email to abuse@perjob.com.

perJOB members are principally liable for all activities performed by usage of their member accounts. This does not apply if a perJOB Member is not at fault for the fraudulent use of his member account because he has not infringed on his duty to take care of his member account.

LionOS GmbH does not assume any liability for damages caused by unauthorized use of user data by third parties.

Every natural or juristic person may only maintain one customer account on www.perjob.com. The member account is not transferable. The setup of a second or several customer accounts is considered a grave violation of these General Terms & Conditions.

Lionos GmbH expressly reserves the right to delete member accounts after an adequate lapse of time, if registration has not been fully completed (e.g. because of missing activation of member account).

The perJOB Member may demand the deletion of his registration at any time, unless transactions still being in progress require otherwise. LionOS GmbH will not delete user and personal data as long as it is still needed.

§ 4 Right of Revocation

Users of www.perjob.com who conclude this user contract for a purpose which can neither be assigned to his trade nor his self-employed operation (consumers), may revoke their declaration of intention to conclude the contract within two weeks in textual form (e.g. by letter or by email) without having to specify any reasons. The revocation period begins with the day of registration, but not before the receipt of this notice. Punctual dispatch of the revocation declaration suffices to comply with the time limit. The revocation is to be declared to:

Lionos GmbH Kirschäckerstr. 35 D-96052 Bamberg

info@perjob.com

This right of revocation refers exclusively to the contract concerning the usage of the perJOB services. Legal or contractual rights of revocation or termination concerning contracts concluded on www.perjob.com between perJOB members are not affected by this regulation.

Consequences of revocation:

In case of a valid revocation the performances received by each party are to be returned, as are benefits (e.g. interest) derived by such performance where appropriate. If the consumer cannot return the received performance as a whole or can only return it in deteriorated condition he must in so far pay compensation for value.

The right of revocation expires before the end of the revocation period when Lionos GmbH has begun to provide stipulated services with the express consent of consumer or if the consumer himself has occasioned this.

§ 5 Subject Matter and Scope of Contract

Lionos GmbH provides the domain www.perjob.com along with the functions described in § 1 for all perJOB members.

perJOB members may not demand usage of certain functions provided on www.perjob.com. Lionos GmbH expressly reserves the right to limit, attach conditions to, temporarily deactivate or definitely remove available functions.

LionOS GmbH reserves the right to limit the use of the perJOB services if this is required because of capacity limits and server security or integrity or if LionOS GmbH considers the conduct of technical measures necessary, and/or if this serves the proper or improved provision of the perJOB services. Maintenance works necessary for this purpose may even render the perJOB services temporarily unavailable.

Lionos GmbH is never contractual party, representative, agent or subcontractor to contracts concluded via the online marketplace perJOB. perJOB members may neither demand from Lionos GmbH the receipt and/or processing of complaints against other perJOB members, nor demand the intermediation or arbitration of disputes between perJOB members.

§ 6 Fees

The use of the perJOB services is currently completely free of charge.

Lionos GmbH expressly reserves the right to impose fees on certain services in the future.

§ 7 Sanctions, Denial of Access and Termination

If Lionos GmbH entertains substantiated suspicion of an infringement of legal regulations, of these Terms & Conditions or of third parties' rights, or in case of justifiable interests of Lionos GmbH or of third parties, Lionos GmbH is entitled to take the measures deemed necessary according to each individual case. Such measures notably include, but are not limited to, the deletion of contents published on www.perjob.com by perJOB members, warning of perJOB members, temporary or definite denial of access to perJOB member accounts.

Lionos GmbH may undertake a definite exclusion from the usage of perJOB services only if there is good reason for doing so.

There notably is good reason if a perJOB member does

• cause harm to other perJOB members to a considerable degree
• provide false information upon registration
• transfer his member account to a third person

After having been definitely excluded, the perJOB member is not entitled to claim restoration of the blocked member account and/or connected contents.

In case of temporary or definite exclusion of a perJOB member, said perJOB member is not allowed to register with perJOB anew by creating another member account.

perJOB members are entitled to terminate this user contract any time. The declaration of termination is to be sent to Lionos GmbH, Kirschäckerstr. 35, D-96052 Bamberg in written form.

Lionos GmbH may terminate this user contract any time to the end of the month on 14 days notice. The right to definitely exlude a perJOB member remains unaffected by this.

§ 8 Conclusion of Contract on www.perjob.com

perJOB members may use the domain www.perjob.com for describing and publishing invitations to tender for assignments and/or service offers. These publications do not represent legally binding offers, but are only non-binding invitations to make a concrete proposal.

perJOB members may answer to those publications/invitations by making concrete proposals. Likewise, the other party may subsequently make a counter proposal, if he does not agree with the conditions stipulated by the perJOB member making the first proposal. Proposals and counter proposals made via www.perjob.com do not represent a contract offer and are never legally binding.

If a perJOB member agrees to the conditions stipulated by the other party, he may accept the last proposal and thus make a binding contract offer. A contract is concluded on www.perjob.com only when such contract offer is accepted by the other party.

Prior to issuing a binding contract offer or acceptance of contract, the issuing perJOB member is given the chance to verify the content of his declaration and to correct the declaration if applicable.

Subject matter of each contract concluded on www.perjob.com is the result of the negotiations between the contract parties on www.perjob.com.

In case a perJOB member deactivates, alters or deletes his service offer or invitation to tender during ongoing or after concluded contract negotiations, this has no effect on the ongoing negotiations or the validity of the concluded contract. To terminate contract negotiations, perJOB members should make use of the respective functions provided by perJOB (withdrawal and refusal of proposals and contract offers). perJOB does not offer services for the cancellation and liquidation of contracts already concluded.

The perJOB system does log the single steps of contract negotiations on www.perjob.com. Lionos GmbH will inform both negotiation/contractual parties about all negotiation steps (proposals, counter proposals, legally binding contract offers, withdrawal or refusal of proposals and offers, acceptance of contract) by message on www.perjob.com as well as by email to the email addresses of the contractual parties. perJOB members agree to receive such emails. These messages contain contact information of the negotiation/contractual parties, current state and log of negotiations, as well as declarations of intent and the necessary explanations.

§ 9 Informationspflichten beim Vertragsschluss im Internet

perJOB members have to meet their legal obligations concerning the conclusion of contract via the internet in sole responsibility, notably information obligations according to the German Civil Code (Bürgerliches Gesetzbuch - BGB) and the Regulations Concerning Information and Verification Obligations According to Civil Law (Verordnung über Informations- und Nachweispflichten nach bürgerlichem Recht - BGB-InfoV) when concluding contracts with consumers, of these again notably the proper notice of the right of revocation. Lionos GmbH only provides the means for perJOB members to meet these obligations in proper form and at due date, for example the web form for entering a notice of the right of revocation, but neither does Lionos GmbH take any responsibility for the correctness or completeness of contents provided by perJOB members, nor can Lionos GmbH be held liable for damages caused by faulty or insufficient performance of said information obligations by perJOB member.

§ 10 Feedback/Ratings

Parties to a contract concluded on www.perjob.com may give feedback to each other after performance of such contract.

Upon giving feedback to another perJOB member, perJOB members have to ensure

• to make only true and objective statements,
• to observe the law, notably not to insult other members with their feedback.

Feedback will not be verified by Lionos GmbH as to their accuracy. Lionos GmbH expressly dissociates itself from contents of feedback comments made by perJOB members. In case of a dispute arising between perJOB members concerning feedback, Lionos GmbH will not assume the role of mediator or arbitrator. Lionos GmbH will remove feedback and feedback comments only because of legal obligation or mutual demand for removal of both parties.

§ 11 Forbidden Content

perJOB members may not offer, advertise or request services on www.perjob.com which infringe upon the law, third parties' rights or common decency.

Forbidden are notably offers

• infringing upon legal regulations concerning the prevention of illegal employment,
• containing racist, pornographic, obscebe, insulting contents or contents not proper for minors,
• which are otherwise legally forbidden.

§ 12 perJOB Members' General Obligations

All perJOB members have to observe applicable law while using perJOB services, notably applicable legal regulations concering the prevention of illegal employment. Laws governing certain professional groups as for instance lawyers, tax consultants or architexts are to be observed.

Trade and tax laws have to be observed by all perJOB members.

Every perJOB member has to ensure in sole responsibility that his contents published and offered on www.perjob.com do not infringe upon the law and/or third parties' rights.

As to information visible on www.perjob.com and/or saved by perJOB, perJOB members have to ensure in sole responsibility to save such information on a storage media independent of perJOB, if they require such information for purposes of preservation of evidence, accounting etc.

As far as perJOB members receive knowledge of an illegal use, use in breach of contract or otherwise abusive use of perJOB services, they are bound to notice Lionos GmbH of such abusive use immediately.

perJOB members may not transfer street addresses, contact information and email addresses of other perJOB members which they obtained by using perJOB services, to third parties, or use such information for advertising purposes. This does not apply if the affected perJOB member agreed to such use.

perJOB services are exclusively offered to users residing in countries not prohibiting the provision and request of contents and services provided on www.perjob.com. Every perJOB member has to keep himself informed about and to observe legal limitations in his country of residence concerning the usage of perJOB services prior to making use of these services.

§ 13 General Rules

Whenever a perJOB member enters into contract negotiations with another perJOB member, each negotiation party receives personal information about the other party necessary to completion of a contract and for meeting legal information obligations (e.g. name and street address, email address etc.).

perJOB members offering services or inviting tenders for assignments are bound to describe their offer or assignment accurately and as completely as possible with words and images and to assign an appropriate catregory. Details concerning place and date of performance as well as payment options have to be provided exactly. The indication of the price has to comply with the requirements of the German Preisangabenverordnung (notably, prices have to be provided as gross prices including the applicable value added tax and other price elements).

perJOB members may add hyperlinks to their contents published on www.perjob.com (offers, invitations to tender, contract negotiations, user profile etc.). perJOB members may not add hyperlinks leading to websites with the following contents:

• erotic or pornographic contents
• violence or glorification of violence
• contents subject to criminal prosecution
• contents which are generally illegal or violate third parties' rights, notably but not limited to copyright and anti-competitive viloations
• drugs
• discriminatory, defamatory or slanderous statements regarding race, sex, religion, nationality, physical disability, sexual orientation or age

Likewise, it is forbidden to use non-activated web addresses (URLs) or parts thereof, which lead to websites with the above mentioned contents, on www.perjob.com.

perJOB members may not manipulate the perJOB search engine in any way. Notably, it is forbidden to make use of deceptive terms, which bear no connection to the contents of the offer or invitation to tender, in service offers or invitations to tender (neither within the description text nor as keywords).

§ 14 Exercise of Rights by Third Parties, Adoption of Contract, Discontinuation

Lionos GmbH expressly reserves the right to transfer its rights and obligations arising from this user contract fully or partially to a third party on four weeks notice. In this case, perJOB members may terminate the user contract on immediate notice.

Lionos GmbH further reserves the right to discontinue the perJOB services fully or partially, temporarily or definitely. In case of temporary discontinuation, the user data is stored, in case of definite discontinuation, the user contract is terminated.

§ 15 Obligations of User When Recommending www.perjob.com

perJOB members may recommend perJOB to friends and relatives by using the designated web form.

perJOB members are bound not to violate applicable law and not to damage perJOB's or LionOS GmbH's reputation and/or business while recommending perJOB. perJOB members notably have to observe the legal regulations concerning email advertising (prohibition of spam).

Every now and then Lionos GmbH will advertise prizes for successful recommendation of perJOB. Rules concerning such campaign are to be found in the governing terms of participation.

§ 16 Abvailability of www.perjob.com

The domain www.perjob.com and its services are abvailable within the framework of the current state of technology. Temporary limitations of use may be due to technical malfunction LionOS GmbH is not responsible for. LionOS GmbH always tries to fix these malfunctions as soon as possible. LionOS GmbH reserves the right to limit the use of www.perjob.com if it is required because of capacity limits and server security or integrity or if LionOS GmbH considers the conduct of technical measures necessary. Affiliates will be informed of limitations of use as far as possible.

§ 17 Liability

The contents of service offers, invitations to tender, contract negotiations, user profiles and feedback comments are created and published solely by perJOB members. Responsibility for such content lies exclusively with the author of such content.

LionOS GmbH does not assume any liability for damages of any kind, unless in case

• of damages caused willfully or grossly negligently by Lionos GmbH, its representatives, managing employees or other proxies,
• of damages caused by breach of fundamental contractual obligations,
• of personal injury or death,
• the German Product Liability Law (Produkthaftungsgesetz) applies,
• of failure to meet guaranteed qualities.

The damages in case of breach of fundamental contractual obligations are limited to the contract-typical, foreseeable damage if there is no willful or grossly negligent misconduct.

Notably, Lionos GmbH does not assume any liability for consequences of

• limited availability,
• alteration,
• limitation or enhancement,
• temporary or definite discontinuation, or
• legal transfer

of the perJOB services.

§ 18 Duration and termination of contract

The user contract between LionOS GmbH and the perJOB member concerning the use of perJOB services is concluded for an indefinite period of time.

LionOS GmbH and the perJOB members are entitled to terminate the Affiliate Contract on immediate notice if there is good reason for doing so. Good reasons especially justifying Lionos GmbH to terminate the contract on immediate notice especially are grave violations of the governing Terms & Conditions, notably but not limited to

• the performance of illegal actions while using the function designated for recommendations,
• violations of legal regulations concerning advertising emails (spamming),
• the breach of a fundamental regulation of these Terms & Conditions, if the violation is not remedied within an appropriate period of time in spite of a warning. In case of a grave breach of contract, repeated violations of these Terms & Conditions or if the remedy of the violation is impossible, a warning is not necessary.

LionOS GmbH reserves the right to claim damages caused by grave violations of these Terms & Conditions.

§ 19 Indemnity Against Liability

Each perJOB member undertakes to indemnify and exempt Lionos GmbH from all actions, including damage claims, asserted by other users or third parties against Lionos GmbH resulting from an infringement of their rights by the contents of service offers, invitations to tender, other documents posted on www.perjob.com, or any other use of perJOB services by the perJOB member. The perJOB member assumes all reasonable legal-defense costs Lionos GmbH incurs due to an infringement of third party rights, including all court and attorney fees constituted by law. This does not apply insofar as the perJOB member is not responsible for the infringement. In case of recourse against Lionos GmbH by third parties, the perJOB member undertakes to immediately provide Lionos GmbH with correct and complete information necessary for verification of claims and for defense.

§ 20 System Integrity, Inference with www.perjob.com

perJOB members must not

• use mechanisms, software or other scripts in connection with the use of perJOB services capable of interfering with the functioning of the perJOB services,
• take actions or measures which may infeasibly or excessively encumber the perJOB infrastructure,
• block, overwrite or modify contents generated by perJOB/Lionos GmbH, or otherwise interfere with perJOB websites in a disruptive manner,
• copy, reproduce, distribute or otherwise use the contents of www.perjob.com without prior consent of the holder of rights.[/p]

§ 21 Governing law and jurisdiction

The legal relations between LionOS GmbH and the purchaser are governed by the laws of Germany.

If the purchaser is a merchant, a juristic person governed by public law or a special fund governed by public law or if he does not have a general place of jurisdiction in Germany, Bamberg is the exclusive place of jurisdiction for all disputes arising out of the contractual relations.

§ 22 Safeguarding Clause

If individual regulations of these Terms & Conditions prove to be void, the validity of the other regulations is not affected.

26.04.2007