General Terms and Conditions of Business
These General Terms and Conditions of Business (“T&Cs”) as of July 2014 shall apply for the users of the application and services (“projektwerk website” or “platform”) operated by projektwerk Unternehmensberatung GmbH (“projektwerk”) under the domain “projektwerk.com” as well as other top level domains and sub-domains.
projektwerk is entitled to amend these T&Cs subject given a reasonable period of notice. projektwerk only has this right should the amendment not be unreasonable for the user, taking the interests of projektwerk into account. projektwerk shall inform the user of the amendments in writing eight weeks before their coming into effect at the latest. Should the user not agree to the amendments, s/he may object to them. In its amendment notification, projektwerk informs the User of his/her right of withdrawal as well as the fact that the amendment is regarded as having been accepted if it is not objected to in writing (e.g. via post, email or fax) within a period of six weeks from receipt of the amendment notification.
TABLE OF CONTENTS
1.1 projektwerk offers registered users an internet platform for the generation of contacts for the commencement of cooperation with varying types of contracts. The projektwerk website is intended for use by natural persons or legal entities or legal partnerships within the meaning of Section 14 German Civil Code (BGB).
1.2 projektwerk reserves the right to adapt the projektwerk website in line with technical advancements and new legal conditions. In this context, existing functionalities may be amended or expanded upon, but out-of-date functionalities may also be restricted or removed. The interests of the users are taken into account accordingly.
2.1 Registration is required to create a user account as well as to submit and publish content, such as projects, jobs or profiles. Registration is free of charge. To register, the User must complete the required fields completely and truthfully, provide a valid email address and protect his/her account/profile with a password.
2.2 Registration can only be finalised and submitted if the User accepts these Terms and Conditions by clicking on the “I agree to the T&Cs and notes on data protection” and thereby incorporates them into his/her application.
2.3 Upon completing initial registration on the platform, the User makes a binding offer to conclude a contract to use the platform. After completing registration, the User shall receive a confirmation email sent to the email address provided during registration. The sending of this confirmation email represents acceptance of the offer to conclude a contract for usage of the platform with a free of charge basic membership.
2.4 The confirmation email contains a link that the User must click on in order to confirm his/her registration on the platform and thereby activate his/her user account.
2.5 projektwerk is entitled to reject a user’s offer to conclude a contract for usage of the platform for any reason. The User has no entitlement to conclude a contract for the use of the platform. projektwerk reserves the right to revoke the user’s approval without notice and without stating reasons at any time, particularly as a result of incorrect information being provided upon registration or the misuse of the platform.
2.6 Use of the platform is in principle provided free of charge, but the user may only access particular content or functions as part of paid membership. The User is informed of the costs for this content or functions separately.
2.7 The User can choose between a variety of payment methods in his/her user account when signing up for paid membership or using other paid services and can purchase paid membership or a paid service by clicking the “fee based booking” button. Before signing up for paid membership or a paid service, the user may view and amend his/her data at any time and abandon the registration process by clicking on the “Back” button in his/her browser or by closing the registration form that opens in a separate pop up window. After completing the registration process, the User shall receive a confirmation email sent to the email address provided during registration. The sending of this confirmation email represents acceptance of the offer to conclude a paid contract for usage of the platform.
2.8 The text of the contract is not saved by projektwerk. The contract may only be concluded in German or English, depending on the language selected by the user.
2.9 The User undertakes to update his/her registration data him/herself should there be any changes. The User confirms that s/he is of full legal age and capacity. In the event of the User being a legal entity, the User assures that s/he is authorised to act on behalf of the legal entity. Upon request, the User shall provide projektwerk with the information guaranteed in this clause.
2.10 For technical reasons, projektwerk cannot determine whether a user registered with projektwerk is actually who s/he says s/he is. projektwerk therefore makes no guarantee regarding the actual identity of a user.
2.11 projektwerk merely offers an internet platform to bring users together. projektwerk is not involved in communication between users, unless this has explicitly been agreed upon with the respective user on an individual basis. projektwerk is also not involved in contracts that are concluded between users, unless this is explicitly agreed upon between the respective users and projektwerk on an individual basis. As a result, projektwerk assumes no liability for any violations of obligations arising from the contract concluded between the users. Finally, projektwerk does not guarantee success for users as a result of the use of this platform.
2.12 Users acknowledge that it is not technically possible to guarantee the 100% availability of the projektwerk website. However, projektwerk will make every effort to ensure that the website is accessible as consistently as possible. Especially maintenance, security or capacity issues as well as events that are not under projektwerk’s control may lead to short-term disruptions or to the temporary cessation of services on the projektwerk website.
3.1 The Users are obligated,
3.1.1 To only publish information and content that is accurate, and to maintain the truthfulness and completeness of this data throughout the entire membership period;
3.1.2 Not to publish any content that is unlawful or that infringes upon the rights of third parties;
3.1.3 To ensure that the public reproduction of content s/he has submitted (especially photos and logos) is legally permitted;
3.1.4 To only publish serious content and to only send sincere contact requests or applications;
3.1.5 To refrain from the unreasonable harassment of other users, particularly in the form of spam as well as undertaking or promoting anti-competitive behaviour, including progressive customer advertising (such as chain, Ponzi or pyramid schemes);
3.1.6 To use information acquired in the form of inquiries or from published content exclusively for his/her own business purposes; in particular, the further utilisation of such information, regardless of the purpose, is not permitted; any violation of this entitles projektwerk to claims for damages;
3.1.7 To refrain from any action that is likely to negatively impact the functionality of projektwerk infrastructure, especially by overloading such infrastructure;
3.1.8 To observe the Site Usage Policy.
3.2 The User undertakes to keep his/her chosen password secret. Projektwerk will not pass on the password to third parties nor ask for it at any time. For security reasons and to prevent misuse, it is recommended that the User change his/her password regularly.
3.3 projektwerk is entitled to remove unlawful content from the website without prior warning.
4.1 projektwerk offers paid service packages (“memberships”) to users on a subscription basis. After membership expires, it shall automatically be renewed for the selected billing period unless the membership is cancelled in due time. The scope and cost of membership as well as cancellation periods and potential upgrades are dependent upon the type of membership selected and the table of fees valid at the time of the conclusion of the contract. The specifics are regulated under the “Memberships and Prices” section of the projektwerk website.
4.2 projektwerk’s website also comprises services with a specified duration and scope at a fixed price. These services are not linked to membership and do not require cancellation.
5.1 Charges for the use of the services offered on the projektwerk website are due for immediate payment. The User can settle invoices by means of the payment methods offered by projektwerk in the order process.
5.2 The User can set up a SEPA direct debit mandate. The pre-notification period amounts to at least one day before the amount is charged. The User undertakes to ensure that a sufficient balance is available in the account.
5.3 Should payment not be able to be taken due to insufficient funds in the account stated by the User, the User shall bear all costs arising for projektwerk as a result, in particular bank fees in connection with the rejection of direct debit payments and similar charges, at a fixed amount of €10.00. This amount is due for payment immediately along with the debt still outstanding. The User is permitted to prove that no or lower damages were incurred by projektwerk.
5.4 projektwerk sends invoices for the fees charged for the use of the projektwerk website via email and makes these available for download in the User’s account.
6.1 Free membership may be cancelled by either party at any time without a notice period and without stating reasons. After the end of free membership, projektwerk shall delete the User’s user account.
6.2 A paid membership may be cancelled by either party without stating reasons, subject to the observance of the notice period that applies to the membership. The cancellation of paid membership must be made in writing (e.g. via post, email or fax, or contact form). The cancellation period amounts to four weeks from the end of the current billing period. For memberships with a billing period of one month, the cancellation period is reduced to fourteen days.
6.3 projektwerk also reserves the right to cancel paid membership for good cause without observing the cancellation periods applicable for the type of membership concerned. Good cause includes, in particular, insolvency, application for the opening of insolvency proceedings, misrepresentation of considerable facts or violation of major contractual obligations.
Insofar as the User is a consumer within the meaning of Section 13 German Civil Code (BGB), whereby s/he is obliged to provide truthful information in this respect in accordance with Sections 1.1 and 2.1 of the T&Cs, the following right of withdrawal applies for the User. In accordance with this regulation, a consumer is any natural person who concludes a legal transaction for a purpose that can neither be attributed predominantly to their commercial nor their independent professional activity.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without stating reasons. The withdrawal period is fourteen days from the day of the conclusion of the contract. In order to exercise your right of withdrawal, you must inform us,
projektwerk Unternehmensberatung GmbH
Kleine Seilerstraße 1
20359 Hamburg, Germany
Tel.: +49 40 4321300
Fax: +49 40 43213010
of your decision to withdraw from this contract by means of unambiguous declaration (e.g. a letter sent by post, a fax or an email). You can use the withdrawal form attached for this purpose, but this is not mandatory.
In order to observe the withdrawal period, it is sufficient for you to send notification about your exercising of the right of withdrawal before the withdrawal expiration date.
Consequences of the Withdrawal
Should you withdraw from this contract, we must immediately refund you for all payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), at the latest within fourteen days from the date on which we receive the communication concerning your withdrawal from this contract. For this refund, we use the same means of payment that you used for the initial transaction, unless explicitly agreed otherwise with you; under no circumstances will you be charged fees for this refund.
Should you have requested that the service commence during the withdrawal period, then you must pay us a reasonable amount which corresponds to the proportion of the services already provided (in relation to the full scope of the services covered in the contract) by the date on which you notify us of your exercising of your right of withdrawal in respect of this contract.
Expiration of the right of withdrawal
The right of withdrawal for a contract governing the provision of services expires once we have fully provided the service and provided we only commenced with the provision of the service after you had given your full approval and also acknowledged that your right of withdrawal expires once we have completely fulfilled the contract.
Further important notes:
The User explicitly consents to projektwerk commencing with the provision of the service before the end of the withdrawal period.
8.1 projektwerk provides no guarantee for the information reproduced by the User or statements made by the User. It is not liable for the violation of obligations by one user with respect to another user on the basis of contracts concluded between said users.
8.2 Should projektwerk be liable in accordance with legal provisions, the following shall apply:
8.2.1 Claims for damages by the User are excluded. Exempt from this are claims for damages due to injury to life, limb and health, or due to the violation of major contractual obligations (cardinal obligations) as well as liability for other damages due to an intentional or grossly negligent violation of obligation on the part of the User, his/her legal representatives or vicarious agents. Cardinal contractual obligations are those whose performance is required to achieve the objective of the contract.
8.2.2 In the event of a violation of the cardinal contractual obligations, projektwerk shall be liable only for damage of a nature that is foreseeable and typical for this type of contract and which is caused by negligence, unless the User’s claim is based on injury to life, limb or health.
8.2.3 The restrictions of paragraphs 1 and 2 also apply for the benefit of the legal representatives and vicarious agents of projektwerk should claims be asserted against them directly.
8.2.4 The provisions of the Product Liability Act remain unaffected.
9.1 projektwerk assumes no liability for user-created content. projektwerk is entitled to refuse the publication of content without stating reasons.
9.2 projektwerk does not verify whether user-created content infringes upon the rights of third parties. The User is responsible for the content s/he has submitted him/herself as well as for ensuring that such content does not violate the rights of third parties, especially in terms of copyright, competition or criminal law.
9.3 The User hereby indemnifies projektwerk from all claims asserted against projektwerk by third parties as a result of a violation of their rights through the content submitted by the User.
9.4 projektwerk is entitled to delete the content submitted to the platform permanently or temporarily, to remove it from the network or to change it in order to stop such content from infringing upon the rights of third parties or pass on a cease and desist order, should projektwerk be subject to a cease and desist order by a third party as a result of content submitted to the platform by a user.
10.1 The current and valid version of the Data Protection Policy of projektwerk Unternehmensberatung GmbH shall apply.
11.1 Amendments and supplements to contracts, including any amendment to this clause, must be made in writing. Verbal ancillary agreements do not exist.
11.2 The General Terms and Conditions of the User do not form part of the contract. Should the User place an order with reference to his/her own General Terms and Conditions, these General Terms and Conditions shall only become part of the contract if this is agreed upon in advance and in writing by projektwerk.
11.3 Should any provision of contracts be or become legally invalid, this shall not affect the validity of the rest of the contract. The parties undertake to fulfil any loophole arising as a result with a valid provision, the content of which comes as close as possible to the intended economic meaning and purpose of the invalid provision and the contract.
11.4 The place of fulfilment shall be the headquarters of projektwerk. The sole place of jurisdiction for all disputes between the parties arising from the contractual relationship shall be Hamburg, Germany, provided that the User is a businessperson, legal entity under public law or special fund under public law. With regard to the contractual relationship, only German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and International Private Law.