General Terms and Conditions


General Information and Scope of Application


  1. The following General Terms and Conditions of Business (hereinafter also referred to as: “GTCs”) apply exclusively to the portal <name of your plattform> (hereinafter also referred to as the “Portal”) operated by <name and address of your company> (hereinafter also referred to as: the “Operator” or “we/us”) and the contracts concluded with the prospective customer (User), and all services provided by us, especially advisory services. Terms and conditions of the User that deviate from these General Terms and Conditions of Business do not apply.
  2. The services offered on the Portal are designed for legal entities within the meaning of Section 14 of the German Civil Code [Bürgerliches Gesetzbuch, BGB] and consumers of unlimited legal capacity and at least 18 years of age. A consumer within the meaning of these GTCs is any natural person who concludes a business transaction for a purpose that largely cannot be assigned to their commercial or independent professional activity (Section 13 BGB).
  3. The contractual language is German. The business relationships between us and the User are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual place of residence.
  4. Consumers have the option to use an alternative dispute resolution mechanism. The following link to the EU Commission (also referred to as the OS Platform) contains information about online dispute resolution and serves as the main point of contact for the out-of-court resolution of disputes arising from online sales contracts or online service contracts: https://ec.europa.eu/consumers/odr. We are neither willing nor obligated to participate in any arbitration proceedings.
  5. Duty to inform in acc. with Section 36 of the Consumer Dispute Resolution Act [Verbraucherstreitbeilegungsgesetz, VSBG]: We are not willing and/or obligated to participate in other dispute resolution proceedings before a consumer arbitration court.
  6. The GTCs, as amended, can be retrieved and downloaded on the Portal at any time.

Services of the Operator


  1. The Operator provides general information on the subject free of charge on the Portal; this information does not specifically refer to the sale of services. The information is intended solely for decision-making purposes, i.e., “whether” and “how” the project could be implemented.
  2. The Operator provides registered Users with information on the subject and other related subjects from time to time.
  3. The Operator puts registered and unregistered Users in touch with specialist companies that suit the respective requests free of charge and in a non-binding manner. The companies will initially advise the User, make an offer, and provide the desired service.

Conclusion of Contract


  1. The User has the opportunity to use the Portal for making a request for the brokerage of problem-specific specialized companies. The request is free of charge and non-binding for the User and does not constitute an offer in the legal sense for the ordering of a service.
  2. When a request is sent, the User confirms these GTCs, and a brokerage contract that is free for the User materializes between the User and the Operator in accordance with these GTCs. On the basis of this brokerage contract, the Operator is engaged to find companies/service providers that are suited for the request in terms of type and content and can solve the problem.
  3. The Operator checks the request and provides up to 3 suitable companies/service providers. The companies/service providers advise the User and then send a corresponding offer. The User is not entitled to successful brokerage by the Operator. There is also no entitlement to advising and/or the sending of offers by the brokered companies/service providers.
  4. The Operator is entitled to contact the User for the purpose of brokerage (e.g., by email or phone) and to share the data and details of the User with companies/service providers in order to obtain offers. The companies/service providers may enter into contact with the User for the purpose of advising and sending offers and may process the data communicated by the Operator for this.
  5. After the receipt of the offers, the User is free to decide whether and, if yes, which offer they will accept. If the User accepts an offer, the contract materializes solely between the User and the respective company/service provider. Within this contractual relationship, separate general terms and conditions of business and/or contractual conditions may apply. The same applies to the extent that the User makes use of additional services of the company/service provider. The Operator is not a contracting partner, but rather acts exclusively as a broker. The Operator is also not a representative or vicarious agent of the companies/service providers.
  6. The Operator has no influence on the materialization/non-materialization of an engagement or further contracts. Whether a contract with the company/service provider materializes depends on the corresponding conditions of the respective company/service provider.
  7. The brokerage by the Operator is free for the User. The Operator receives a commission for the brokerage or a lump sum for each brokerage from the companies/service providers.

Guarantee


  1. Any information on the subject provided by the Operator constitutes neither an advisory service nor a sales activity for the User. Rather, it is intended to make an independent decision by the User easier. The Operator has no influence on this decision. Information is to be understood neither as a guarantee nor as an assurance. Furthermore, the services of the Operator in particular do not include any legal or tax consulting. The User is obligated to check the exact content of the contract with the company/service provider.
  2. The Operator does not provide any guarantee and/or accept liability for the companies/service providers brokered by the Operator or for the work done by them. Solely the respective company or service provider is liable for any breaches of duty that occur in the contractual relationship between the User and the company/service provider.

Duties of the User


  1. The User must not infringe the rights of third parties or otherwise harass third persons when utilizing our services. Misuse or engaging in unlawful acts is prohibited. The User is obligated to make use of our services with the greatest possible care. In particular, the User must refrain from any actions that might impede the server integrity or stability of the Portal directly or indirectly.
  2. The entry and transmission of personal data by the User takes place online through the input masks provided by the Operator or through other transmission paths explicitly prescribed by the Operator in an individual case. The User alone is responsible for the completeness and accuracy of all data entered by the User in the input mask or transmitted otherwise. In the event of transmission of intentionally false or untrue personal data by the User, the Operator reserves the right to exclude them from use of the offered or provided services and to demand compensation for the damage resulting therefrom.

Ratings/Permission to Publish User Ratings


  1. Leads can rate the service of the Operator. When a rating is submitted, the leads give the Operator permission to publish the ratings submitted by them, including their name, online on the Portal and on third party sites such as Trustpilot. For this purpose, the User grants the Operator a simple, irrevocable right of use, unlimited in terms of time, place, and content, to the ratings for publication on the internet.

Liability


  1. We are liable without restriction, if the cause of the damage is based on intent or gross negligence. We are also liable for the slightly negligent breach of essential duties (duties whose breach endangers the achievement of the purpose of the contract) as well as for the breach of cardinal duties (duties whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the user regularly relies), but only for the foreseeable damage typical for the contract. We shall not be liable for the slightly negligent breach of obligations other than the above.
  2. The limitations of liability in the preceding paragraph shall not apply in the event of loss of life, physical injury, or damage to health, to a defect following the assumption of a guarantee, in the event of fraudulently concealed defects, in the event of liability under the Product Liability Act, and in the event of claims under data protection law.
  3. If our liability is excluded or limited, this shall also apply to the personal liability of bodies/committees, employees, representatives, and vicarious agents.

Data Protection

In terms of data protection, the data protection information in the Operator’s data protection policy applies.

Severability Clause

If any provision in these GTCs is invalid, the remaining provisions shall remain unaffected. The invalid provision is considered to be replaced by a provision that comes as close as possible economically to the intent and purpose of the invalid provision in a legally valid manner. The same applies to possible loopholes.
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