General Terms and Conditions

These General Terms and Conditions, dated June 2006, apply to users of projektwerk GmbH under the domain “projektwerk.com” and of other top-level domains under the name “projektwerk”.

object

projektwerk offers registered users a restricted platform for projects for the generation of business contacts. projektwerk is entitled to amend the content of the offer and to extend, restrict, or cancel its offer at any time while protecting the users’ interests in already published projects.

registration and verification

The User must register to use projektwerk on the website operated by projektwerk. The User warrants that all of the information provided by the User is accurate and complete. The User undertakes to keep the information that the User provided on registration up to date in his own log in area. projektwerk reserves the right to deny registration to any User. projektwerk also reserves the right to revoke the authorization to use its platform at any time, without prior notice and without giving any reason, in particular, however, on grounds of misrepresentations made on registration and abuse of the platform.
In order to allow users to profit from the platform, projektwerk offers the User service packages on a paid subscription basis. Once the User has booked as a premium membership, the User’s premium membership will be renewed automatically in accordance with the billing period chosen, unless this membership is canceled within the cancellation period. The scope of and charges for the service packages, as well as the relevant cancellation periods and upgrade options depend on the service model chosen and on the currently valid price list (link to the Pricing page). Membership fees are payable immediately. If projektwerk is unable to collect any fees from the account designated by the User due to lack of funds, the User shall bear all costs arising therefrom, in particular bank charges resulting from returned direct debit instructions and any similar charges. projektwerk will send invoices according to the respective usage model by email.
projektwerk solely offers a platform for bringing together users. projektwerk is not involved in the communication between users as long as this is not specifically and contractually agreed on with the respective user. projektwerk is not involved in contracts that are being concluded between users, as long as this is not specifically and contractually agreed on between the users and projektwerk. projektwerk is thus not liable for contracts that are being concluded between users without the involvement of projektwerk. Also, projektwerk is not liable for the breach of contracts that are concluded between users. projektwerk is not liable for the success of its activities for users’ projects.
projektwerk assumes no liability for the content, scope, or results of its users’ projects. projektwerk is entitled to both refuse the publication of projects and to remove published projects without giving any reason.
The User acknowledges that technically it is not possible to ensure 100% availability of projektwerk websites. projektwerk does, however, endeavor to keep projektwerk websites available without interruption. In particular, events related to maintenance, security, or capacity requirements, and/or events beyond projektwerk’s control may result in short-term disruptions or temporary interruptions of the services provided on projektwerk websites.

user obligations

Users are obliged to

  • Provide only truthful information on their profiles and in relation to their projects
  • Publish only serious projects and profiles and to make only sincere bids for projects
  • Ensure that they exercise the due care and diligence of a prudent businessman vis-à-vis other users
  • Ensure that they do not publish any illegal content or any content which infringes the rights of third parties
  • Use any information obtained in the form of queries, projects, or published profiles solely for their own business purposes; in particular, no other use of this information is permitted, regardless of the purpose; any violation of this provision shall entitle projektwerk to claim compensation for damages

projektwerk is entitled to remove any illegal content from its website without prior notice.

cancellation

The User has the right to cancel the contract with projektwerk in writing within 14 days after the contract start date. The subscription for the relevant service model chosen, and therefore the contract, may be duly canceled by either party in compliance with the cancellation period applicable for the relevant service package on a paid subscription basis without the need to give a reason (see ‘membership & prices’). This cancellation must be submitted in writing. projektwerk furthermore reserves the right to cancel the Contract, without observing the cancellation period applicable for the relevant service model, for good cause, including, in particular, insolvency, the filing of an application for the opening of insolvency proceedings, misrepresentation of important facts or breaches of fundamental contractual obligations.

guarantee and liability

projektwerk undertakes no guarantee for the information represented by or the statements made by its users. It accepts no liability for any breach of a given user’s duty vis-à-vis another user on the basis of contracts concluded between these users.

Where projektwerk is required to assume liability in accordance with the statutory provisions, the following apply:
projektwerk is liable for any culpable act that leads to injury of life, body, or health.
For other breaches of duty by projektwerk or its vicarious agents, projektwerk is liable for intent and gross negligence, as well as for minor negligence, including in the event of the breach of fundamental contractual obligations.
If projektwerk or its vicarious agents breach(es) its obligations in a solely negligent manner, projektwerk’s liability is limited to contract-typical, foreseeable damage.
projektwerk is not liable for any loss of earnings, unrealized savings, damages resulting from claims made by third parties, or any other direct or indirect consequential damage. Liability for the loss of recorded data is restricted to such damage which would have occurred if the data had been backed up properly on a regular basis.
In the case of immaterial breaches of duty, any liability of projektwerk is excluded.

data protection

projektwerk advises th user that projektwerk processes the information provided by the User in machine-readable form and mechanically processes this information for contract-related purposes. By registering with projektwerk, the User agrees to the publication of the User’s data on the website and to this data being passed on to third parties for business purposes. The User agrees that once projektwerk has approved the User’s registration on the platform, it may pass on to third parties all necessary contact details, unless otherwise expressly agreed in writing.
The User is not entitled to make accessible to third parties any information obtained via projektwerk (with the exception of that information which is deemed public information).
The User is expressly prohibited from trading on the information obtained and from using this information for commercial purposes.

final clause

Any amendments and additions to contracts, including any changes to this clause, must be made in writing. Verbal agreements are not valid.
The User’s general contract conditions do not form part of this Contract. If the User places an order with reference to the User’s relevant general contract conditions, these general contract conditions will become part of the Contract only if this has been expressly confirmed by projektwerk in writing in advance.
If any individual contractual provisions are or become invalid, this will not affect the validity of the remaining provisions in the Contract. The Parties undertake to replace any consequential gaps with a valid provision as similar in economic sense and purpose to the invalid provision and Contract as possible.
The place of performance of the Contract is projektwerk’s headquarters. The exclusive place of jurisdiction for all disputes between the Parties arising from the Contract is Hamburg, Germany, provided the User is a registered trader, a legal entity under public law, or a special fund under public law. This Contract shall be subject exclusively to German law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and international civil law.