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Terms & Conditions

January 2020
 
 

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Part A: General Terms and Conditions talents – SKILLARY GmbH

Part B: General Terms and Conditions clients – SKILLARY GmbH

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Part A: talents

Preamble

SKILLARY GmbH, Herzogparkstr. 3, 81679 Munich (hereinafter referred to as "SKILLARY") operates an online brokerage platform (hereinafter referred to as "Platform") under the URL [www.skillary.io] for architects, engineers and persons involved in planning and construction. On this platform, companies can place offers to find suitable candidates (hereinafter referred to as "user") from SKILLARY's talent pool for their assignment. Users can create their own profiles to contact companies. The following terms and conditions regulate the contractual relationship between SKILLARY and the user.

General and scope

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") apply to the use of the platform. GTC and deviating regulations of the users or third parties do not apply unless SKILLARY has expressly confirmed this in writing. Individual agreements always have priority.

 

1.2 By using the platform, the user acknowledges these GTC.

 

1.3 The business relations between SKILLARY and the user are subject to the law of the Federal Republic of Germany as well as in the case of consumers with residence outside Germany additionally to the mandatory consumer law regulations of the respective country. The validity of UN sales law is excluded.

 

1.4 The contract language is German.

 

1.5 Place of performance is the registered office of SKILLARY.

 

1.6 The place of jurisdiction is the registered office of SKILLARY if the user has no registered office in Germany or if the parties are merchants. However, SKILLARY is also entitled to sue the user at his general place of jurisdiction. Any exclusive place of jurisdiction remains unaffected.

 

1.7 Duty to inform according to consumer dispute resolution law (§ 36 VSBG): SKILLARY is neither willing nor obliged to participate in further dispute resolution proceedings before a consumer arbitration board.

2. Use of the platform as a guest

Visiting the platform as a guest is also possible without registration. An active use of the offers and usage possibilities of the platform is, however, only possible after a registration according to clause 3 of these GTC.

3. Use of the platform as a registered member

3.1 The active use of the platform is only possible after prior free registration as a registered user. SKILLARY reserves the right to discontinue the possibility of use of the registered users in whole or in part with a notice period of four weeks.

 

3.2 Registration takes place by opening a user account, whereby each user must accept these GTC. Upon completion of the registration process, a contract on the use of the website (hereinafter referred to as "user contract") is concluded between SKILLARY and the respective user. Until the registration process has been completed, the user can correct his entries directly in the corresponding entry fields using the usual keyboard and mouse functions. Following registration, the user will receive an e-mail with a confirmation link to the e-mail address provided. Only when the e-mail address has been verified by clicking on the confirmation link is it possible to log in on the platform as a registered user. SKILLARY confirms the conclusion of the user contract to the user by e-mail. With this e-mail the user also receives these GTC. There is no entitlement to the conclusion of a user contract.

 

3.3 Registration is only permitted for natural persons with unlimited legal capacity. The user assures that he is of legal age at the time of registration and fulfils the aforementioned requirements. Minors may not register with SKILLARY. Each user may have only one user account. SKILLARY reserves the right to delete multiple accounts and to exclude the user from using the platform as a registered user. A transfer of the access is not possible.

 

3.4 A valid e-mail address is required for registration on the platform. Furthermore, the master data required in the registration form must be completed. The data requested by SKILLARY during registration must be complete and correct. If the e-mail address or other data changes subsequently, the user is obliged to correct the information immediately. The user must also assign an individual user name and password when registering. After registration, the user can enter further data in his profile and edit his profile. The provision of this data is voluntary and not necessary for the use of the platform. The information is published on the profile and can only be viewed by all registered users for data protection reasons.

 

3.5 The user assures that all data provided by him are true and complete. The user is obliged to keep the data true and complete for the entire duration of the contract.

 

3.6 Communication between SKILLARY and the user takes place via the e-mail address provided by the user. Users must keep their password secret.

 

3.7 Every user is obliged to inform SKILLARY immediately if there are indications that his account has been misused. Each user is basically liable for all activities that are carried out using his account and indemnifies SKILLARY from any claims for damages by third parties, unless the user is not responsible for the abuse.

 

3.8 SKILLARY reserves the right to delete accounts that have not been fully activated or accounts that have been inactive for a period of more than 12 months after prior notification by e-mail.

 

3.9 SKILLARY does not check the data and information provided by the user. SKILLARY is therefore not liable for the correctness and/or completeness of the information. SKILLARY will immediately examine complaints and if necessary take appropriate measures.

4. Services of SKILLARY

4.1 The platform offers the user an online service which serves the presentation and contacting of companies.

 

4.2 The use of the platform is free of charge for the user in the basic functions.

 

4.3 By using the platform, the user is granted the simple, non-transferable right to use the contractually agreed functions.

 

4.4 SKILLARY does not guarantee that contractual relationships (e.g. employment or service contracts) between companies and users will be established or fulfilled. SKILLARY merely provides the platform with which suitable users ("talents") for the corresponding order specifications of companies are matched ("matching").

 

4.5 SKILLARY does not act as a representative, messenger, other agent or broker for companies or users within the scope of operating the platform. Contracts between users and companies are concluded exclusively outside the platform directly between companies and users and without the participation of SKILLARY.

 

4.6 SKILLARY is not obliged to provide services in accordance with these GTC and/or the contract if the services become impossible for SKILLARY or its vicarious agents due to cases of force majeure (e.g. strike, natural disasters, war) or similar comparable unforeseeable events that lie outside SKILLARY's area of responsibility. Changes to SKILLARY's performance obligations are permissible if they become necessary as a result of mandatory legal or official requirements or if they serve the user's interests without any disadvantage resulting from the changes (e.g. through improvements to technical processes).

 

4.7 SKILLARY reserves all property rights and rights of use to the present and future design of the platform including all technology and software contained in the platform, integrated or part of the platform as well as the services to be provided by SKILLARY and content provided.

5. Term of the user contract, termination

5.1 The registration as a registered user is unlimited. A registered user can terminate his user contract at any time without giving reasons via a link in the settings. To protect the user accounts from unauthorized deletion, the password must be entered.

 

5.2 SKILLARY reserves the right to discontinue the platform altogether. The user will be informed of this at least 3 months in advance by e-mail.

 

5.3 The right of extraordinary termination for important reasons for SKILLARY and the users remains unaffected. An important reason exists in particular if the user violates obligations from these GTC, laws, rights of third parties or data protection guidelines, and SKILLARY cannot be expected to continue the contractual relationship until the agreed termination date or until the expiry of a period of notice, taking into account all circumstances of the individual case and after weighing the interests of both parties. Termination for good cause is only possible within a reasonable period of time after becoming aware of the violation.

6. Obligations of the users, release from liability

6.1 The contents provided by the users on the platform are not checked by SKILLARY in general. Should SKILLARY become aware, however, that a user has violated these GTC and/or legal regulations with his contribution, the illegal contents will be removed immediately or access to them will be blocked.

 

6.2 In no case do contents represent the opinion of SKILLARY and SKILLARY does not adopt them as its own.

 

6.3 Each user undertakes not to use the platform's offer to publish content or to transmit messages with the following content:

  • immoral, pornographic, racist or in any way objectionable content,

  • non-objective or intentionally incorrect content,

  • content, that violates the rights of third parties, in particular copyright, trademark and/or personal rights,

  • content, that otherwise violates applicable law or constitutes a criminal offense,

  • content that contains a virus or other computer programs that could damage software or hardware or interfere with the use of computers,

  • surveys or chain letters or hidden advertising, or

  • content intended to collect and/or use personal information of other users, especially for business purposes.

 

6.4 If SKILLARY becomes aware of a violation of the above provisions, SKILLARY reserves the right to change or delete the offer. Should third parties assert claims for damages against SKILLARY due to such an infringement, the responsible user shall indemnify SKILLARY from such claims.

7. Blocking of users

7.1 SKILLARY may take the following measures if there are concrete indications that a user violates legal regulations, rights of third parties or these GTC, or if SKILLARY has any other legitimate interest, in particular for the protection of other users:

  • Warnings of users,

  • temporary, partial or definitive blocking.

 

7.2 SKILLARY may definitively exclude a user from the active use of the platform (final blocking) even if the user has provided false data and/or contact data when registering, in particular a false or invalid e-mail address, if he significantly damages or harasses other users or if there is another important reason. An important reason exists in particular if the platform is used contrary to the terms of the contract, e.g. by persons who impersonate companies or users in order to collect data for their own economic purposes.

 

7.3 As soon as a user has been temporarily or permanently blocked, he may no longer use the platform with other user accesses and may not re-register.

 

7.4 The user has a claim to the re-granting of the access authorization and the access possibility after he has proven that he has ceased the use contrary to contract and prevented a future use contrary to contract.

8. Granting of rights by the user

8.1 The user grants SKILLARY the free and unlimited, irrevocable, non-exclusive right to publish on the profile and provide the contractually agreed services, all information and data provided in connection with the creation of the profile and the provision of the contract, including any company and business data, to use word and picture marks, pictures and photos and other marks and ancillary copyrights of the user, as well as the further information provided by the user (in whole or in part), in particular to duplicate, process, transmit, present, make publicly accessible and make available to other users the data and information.

 

8.2 The user alone is responsible for ensuring that he has all rights with regard to the content published by him and that no rights of third parties, e.g. copyrights or personal rights, are infringed. The user confirms that he has the necessary rights to publish this information for the duration of the usage contract.

9. Rights of use

9.1 The user is expressly prohibited from using, modifying and/or editing the platform beyond the granting of rights pursuant to clause 4.3 of this GTC. The user is not entitled to rent, sell, license, assign or otherwise transfer the rights granted to him under these GTC. The determination and disclosure of the source code of the platform is prohibited and will be prosecuted under civil and/or criminal law. The user is obligated to compensate SKILLARY for any resulting damage or loss in the event of a violation of this clause 9.1.

 

9.2 The information provided by other users or companies may be protected by copyright and/or trademark law. Any duplication, processing, distribution or exploitation outside the legally permissible limits is prohibited.

10. Responsibility for content, liability

10.1 SKILLARY assumes no responsibility that the information and documents made available on the platform are complete, correct and up to date. This also applies to all links to other websites contained on the platform.

 

10.2 SKILLARY is not liable for legal violations committed by users via the platform. Information, pictures etc. published on user profiles represent exclusively the opinion of the respective user. SKILLARY is not liable for contents on user profiles and does not adopt them as its own.

 

10.3 If entitled persons (e.g. owners of trademarks or copyrights) detect an infringement by content on the platform, these alleged infringements can be reported to SKILLARY by e-mail to [n]. For the deletion of contents of third parties by SKILLARY, a concrete notification of the presumed infringement, proof of ownership and proof of power of representation in the case of a notification by a representative is necessary.

 

10.4 SKILLARY may refer the users of the platform to third party content and applications (hereinafter referred to as "third party content") by means of links. Such third party content is clearly identified by a corresponding notice. If and to the extent that the conclusion of a contract is offered in connection with these third-party contents, this is concluded exclusively with the respective third-party provider. SKILLARY is not responsible for third party content.

 

10.5 Outside of liability for material defects and defects of title, SKILLARY shall only be liable without limitation if the cause of damage is based on intent or gross negligence. SKILLARY is also liable for the slightly negligent violation of essential obligations (obligations whose violation endangers the achievement of the purpose of the contract) as well as for the violation of cardinal obligations (obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose fulfillment the user regularly relies), but only for the foreseeable, contract-typical damage. In particular, SKILLARY shall only be liable for the loss of data to the extent of the expenditure incurred if the user has regularly performed a data backup adequate to the application and thereby ensured that lost data can be restored with justifiable expenditure. SKILLARY is not liable for the slightly negligent violation of other obligations than the above.

 

10.6 SKILLARY's liability for indirect damages, in particular lost profits and consequential damages, is excluded and limited to typically foreseeable damages.

 

10.7 The above exclusion of liability does not apply to any liability under the German Product Liability Law (Produkthaftungsgesetz), in the event of injury to life, limb or health and in the case of data protection claims.

 

10.8 If SKILLARY's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

11. Changes to the platform

SKILLARY enables the user to use the platform in the respective concrete design according to the state of the art. SKILLARY has the right to make changes (e.g. for further developments) to the platform at any time. The user has no claim to the production or maintenance of a certain design or a certain design of the company profile placed on the platform.

12. Indemnity

12.1 If a claim is made against the user or SKILLARY by third parties, including state authorities and institutions, due to violations of rights based on the fact that the other party to the contract has violated the obligations specified in these GTC or in the contract, the infringing party shall immediately indemnify the claimed party against these claims, including the necessary legal costs. The infringing party shall support the claimed party in the legal defence and clarification of the facts of the case.

 

12.2 The claimed party is obliged to immediately inform the other party in writing of the nature, reason and amount of the asserted claims, not to make any concessions or acknowledgements or comparable declarations and to enable the other party to conduct all judicial and extrajudicial negotiations about the claims at its own expense. This shall not apply if the party claimed is a necessary litigant.

 

12.3 A claim for indemnification under this clause 12 shall lapse if the party to be indemnified suffers a loss of rights due to the fact that it does not fulfil its obligations under clause 12.1 and/or clause 12.2, unless the party obliged to indemnify is not responsible for this breach of duty.

13. System integrity and failure of the platform

13.1 Users may not use any mechanisms, software or other scripts in connection with the use of the platform that may interfere with the functioning of the platform.

 

13.2 Users may not take any measures that could result in an unreasonable or excessive load on the infrastructure.

 

13.3 Users may not block, overwrite or modify any content generated by SKILLARY or interfere with the platform functionality in any other way.

 

13.4 SKILLARY may restrict access to its own services if the security of the network operation, the maintenance of the network integrity, in particular the avoidance of serious disturbances of the network, the software or stored data require this.

14. Data protection, privacy

14.1 SKILLARY collects, processes and uses personal data in accordance with the statutory provisions and the privacy policy.

 

14.2 The processing of personal data of the user is necessary for the execution of the contract. The legal basis for this data processing is therefore Article 6 (1) (b) GDPR.

 

14.3 The parties mutually undertake to keep secret all confidential information in connection with the contract during the term of the contract.

 

14.4 SKILLARY is entitled to pass on confidential information of the user to other users and/or service providers for the fulfilment of the contract.

15. Amendment of these general terms and conditions

SKILLARY reserves the right to change and/or amend these GTC at any time and without stating reasons. The user will be informed about changes of GTC by sending the version with the changed terms and conditions by e-mail. The user can object to these changes within a period of four weeks after receipt of the new version by sending a statement by e-mail or in writing. If the user does not object to the changes or does not do so in due time, the changes shall become effective. If the user objects to the changes, the GTC in the version valid up to that point shall continue to apply. In this case SKILLARY is entitled to terminate the user relationship with a notice period of four weeks to the end of the month. SKILLARY will inform the user of the consequences of an amendment to these GTC and the rights resulting therefrom in the e-mail with which the amendments are sent.

16. Severability Clause

If a provision of this contract is invalid, the remaining provisions shall remain unaffected. The ineffective provision shall be deemed replaced by a provision that comes as close as possible to the meaning and purpose of the ineffective provision in a legally effective manner. The same applies to any regulatory gaps.

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Part B: clients

1. General and scope

1.1 These general terms and conditions (hereinafter referred to as "GTC") apply to all contracts and other services of SKILLARY GmbH, Herzogparkstr. 3, 81679 Munich (hereinafter referred to as "SKILLARY") and for all services provided by SKILLARY that are made with reference to these terms and conditions to the other party (hereinafter referred to as "client").

 

1.2 The services offered by SKILLARY are offered exclusively for entrepreneurs within the meaning of section 14 German Civil Code (BGB), legal entities under public law and special funds under public law. The version of the GTC that is valid at the time the respective contract is concluded between SKILLARY and the client is decisive.

 

1.3 Terms and conditions and deviating regulations of the client do not apply, unless SKILLARY has expressly confirmed this in writing. Individual agreements always have priority. Only the German version of Skillary's terms and conditions is authoritative.

 

1.4 When placing the order, the client accepts these terms and conditions.

 

1.5 These GTC also apply to all future SKILLARY services and to all future contracts between SKILLARY and the client.

 

1.6 The business relations between SKILLARY and the client are subject to the law of the Federal Republic of Germany. The validity of the UN Sales Convention (UN Kaufrecht) is excluded.

 

1.7 Place of jurisdiction and place of fulfilment is the seat of SKILLARY. SKILLARY is also entitled to sue the client at its place of business.

 

1.8 Claims of the client from this contract may not be assigned to third parties, unless SKILLARY expressly agrees.

2. Services and service obligations of SKILLARY

2.1 SKILLARY offers a platform for the presentation of companies. Companies can create company profiles for a fee and advertise with this profile on the platform or on social media. The company profile is publicly viewable.

 

2.2 Furthermore, SKILLARY offers a fee-based placement platform for architects, engineers and people involved in planning and construction. Companies can submit applications and receive suitable persons from SKILLARY for the advertised activities (hereinafter “talents”), provided that suitable talents are registered in the SKILLARY talent pool.

 

2.3 SKILLARY provides the client with the contractually agreed services or – if contractually agreed – through a service provider commissioned by SKILLARY. Unless otherwise agreed, the SKILLARY platform and services are used exclusively on the basis of these terms and conditions and the contract.

 

2.4 SKILLARY grants the client to use the contractually agreed services the simple, non-transferable, non-sublicensable, non-exclusive right limited to the term of the contract to use the contractually agreed services and the information and data provided in this context.

 

2.5 SKILLARY does not guarantee that suitable talents can be found for the respective request. There is no entitlement to talent being proposed. Furthermore, SKILLARY does not guarantee that contractual relationships (e.g. employment or service contracts) are established or fulfilled between clients and talents. SKILLARY only provides the platform with which suitable talents for the corresponding job specifications can be conveyed by companies ("matching").

 

2.6 SKILLARY does not act as a representative, messenger, other representative or broker for the client in the course of operating the platform. Contracts between talents and clients are only concluded outside the platform directly between clients and talents and without SKILLARY's participation.

 

2.7 SKILLARY is not obliged to provide services in accordance with these GTC and/or the contract, if the services become impossible for SKILLARY or its vicarious agents due to cases of force majeure (e.g. strike, natural events, war) or similar comparable unforeseeable events (e.g. disruption of the website by virus attack or similar), which lie outside the area of responsibility of SKILLARY. Changes to SKILLARY's performance obligations are permissible if these become necessary due to mandatory legal or official requirements, or if they serve the interests of the client, without the client suffering any disadvantage as a result of the changes (e.g. through improvements to technical processes).

 

2.8 SKILLARY reserves all ownership and use rights to the current and future design of the platform including all technology and software that are included in the platform or are part of the platform, as well as the services and content to be provided by SKILLARY.

3. Registration

3.1 The active use of the platform is only possible after prior free registration as a registered user. SKILLARY reserves the right to discontinue the possibility of use of the registered users in whole or in part with a notice period of four weeks.

 

3.2 Registration takes place by opening a user account, whereby each user must accept these GTC. Upon completion of the registration process, a contract on the use of the website (hereinafter referred to as "user contract") is concluded between SKILLARY and the respective user. Until the registration process has been completed, the user can correct his entries directly in the corresponding entry fields using the usual keyboard and mouse functions. Following registration, the user will receive an e-mail with a confirmation link to the e-mail address provided. Only when the e-mail address has been verified by clicking on the confirmation link is it possible to log in on the platform as a registered user. SKILLARY confirms the conclusion of the user contract to the user by e-mail. With this e-mail the user also receives these GTC. There is no entitlement to the conclusion of a user contract.

 

3.3 Each client may have only one user account. SKILLARY reserves the right to delete multiple accounts and to exclude the client from using the platform as a registered user. A transfer of the access is not possible.

 

3.4 A valid e-mail address is required for registration on the platform. Furthermore, the master data required in the registration form must be completed. The data requested by SKILLARY during registration must be complete and correct. If the e-mail address or other data changes subsequently, the client is obliged to correct the information immediately. After registration, the client can enter further data in his profile and edit his profile. The provision of this data is voluntary and not necessary for the use of the platform. The information is published on the profile and can only be viewed by all registered users for data protection reasons.

 

3.5 The client assures that all data provided by him are true and complete. The client is obliged to keep the data true and complete for the entire duration of the contract.

 

3.6 Communication between SKILLARY and the client takes place via the e-mail address provided by the client. Clients must keep their password secret.

 

3.7 Every client is obliged to inform SKILLARY immediately if there are indications that his account has been misused. Each client is basically liable for all activities that are carried out using his account and indemnifies SKILLARY from any claims for damages by third parties, unless the client is not responsible for the abuse.

 

3.8 SKILLARY reserves the right to delete accounts that have not been fully activated or accounts that have been inactive for a period of more than 12 months after prior notification by e-mail.

 

3.9 SKILLARY does not check the data and information provided by the client. SKILLARY is therefore not liable for the correctness and/or completeness of the information. SKILLARY will immediately examine complaints and if necessary take appropriate measures.

4. Conclusion of contract, profile creation

4.1 A precondition for the use of SKILLARY's services is a contract between Skillary and the client for the creation of a company profile (hereinafter referred to as “contract”). The contract can be concluded online after registration ("Buy company profile"). The start of the contract term is based on this contract and not on the time of registration according to section 3 of these GTC.

 

4.2 A contract is only concluded with an express order confirmation from SKILLARY, which is sent to the client by email. This confirmation of order also results in the subject matter and scope of services (contract content) that are binding for both contracting parties. Confirmations of receipt of orders do not yet constitute acceptance of a contract. If the order confirmation deviates from the order of the client, a contract is also concluded if the deviations are insignificant and the client does not object within 2 weeks.

 

4.3 From the date specified in the contract, the contractually agreed service is initially provided for a period of 12 months or the duration of the term agreed in the contract (hereinafter: “minimum term”). The contract cannot be terminated ordinary during the minimum term.

 

4.4 The contract is automatically renewed for a further year, subject to a charge, unless it is terminated with a period of 4 weeks to the end of the minimum term or the respective extension period. Termination must be in text form by email to kuendigung@skillary.de or in writing. If the contract is concluded for an indefinite period, ordinary termination is possible with a period of 3 months to the end of the month.

 

4.5 A condition for the creation of the company profile is that the client fills out a corresponding data sheet online with the information and data required for the profile creation after the contract has been concluded. The client is obliged to correctly and completely specify all the data requested in the data sheet. The client has the option of entering, managing and changing the data on his company profile. The client can put the company profile online by clicking on the "Place profile online" button. The company profile is not checked by SKILLARY. In this respect, SKILLARY assumes no liability for the content and does not adopt it as its own. The client can change the content online in his account at any time.

 

4.6 The client grants SKILLARY the free and unlimited, irrevocable, non-exclusive right to publish on the company profile and provide the contractually agreed services, the information and data provided in connection with the creation of the company profile and the provision of the contract, in particular to use company and business data, word and picture marks and other marks and ancillary copyrights of the client, as well as any other information (in whole or in part) provided by the client, in particular to reproduce, process, transmit, present and make available to other users the data and information.

 

4.7 SKILLARY is entitled, but not obliged, to check the transmitted data and the data of the client published in the company profile. SKILLARY is not liable for incorrect and/or incomplete data in the company profile.

5. Duties and obligations to cooperate of the client

5.1 The client is obliged to comply with the national, European and international laws applicable to him, in particular in the areas of data protection law (Datenschutzrecht) and labour law (Arbeitsrecht), as well as the provisions of the contract and these GTC.

 

5.2 Furthermore, the Client must ensure that all persons who transmit information and data to SKILLARY in his name and/or manage the company profile comply with the provisions stated in section 5.1 of these GTC.

 

5.3 The client is obliged to protect the access data to company profiles from access or use by third parties.

 

5.4 The client is obliged to inform SKILLARY immediately of any changes to his data (company, address, contact details or similar).

 

5.5 The client is obliged to inform SKILLARY immediately, if he has a justified suspicion that an abuse of his account and/or company profile exists or is imminent.

 

5.6 The Client may only modify, publish, transfer, participate in transfer or sale, store or reproduce, produce derived content, distribute, display or otherwise commercially exploit the services and information of SKILLARY or parts thereof within the scope of the contract.

 

5.7 The client may only use the services for his own internal company purposes or those of his affiliated companies. The passing on or resale of the services to third parties is prohibited.

 

5.8 Offers, requests or content on the company profile that are misleading, violate legal regulations, including criminal laws, offend common decency, official orders or the rights of third parties are not permitted. For this purpose, the client is obligated not to provide false or misleading data in the data sheet and to transmit it to SKILLARY or to publish it on the company profile.

5.9 SKILLARY provides the possibility to publish the company profile in German as well as in English language. The client is responsible for any translations of the contents. SKILLARY provides an English language data sheet for this purpose.

6. Placing a request

6.1 Once a company profile has been created, the client can placing requests for the following categories (request type) for a fee:

  • Trainee (Praktikant): Persons who are studying or are in their first year after graduation.

  • Employees (Mitarbeiter): persons with a university degree.

  • Working student (Werkstudent): persons who are currently studying.

  • Cooperation (Kooperation): Cooperation with other companies willing to cooperate in the Skillary company pool.

The prices for the requests can be found in the respective offer. For the handling of payments, section 9 of these GTC applies accordingly.

 

6.2 After selecting the type of request, further information and a job description can be provided. The request cannot be changed afterwards for a period of 60 days.

 

6.3 Requests are not visible online. Requests will be transferred to SKILLARY and matched with talents registered with SKILLARY ("matching"). If talents matching the request are found, SKILLARY transmits anonymous profiles to the client by e-mail. At the same time, the respective talent is informed about the request on which the talent was "matched". Certain parameters (such as salary) are hidden. If the client is interested, SKILLARY will send the entire profile of the talent to the client by e-mail after the talent has given its consent. SKILLARY does not guarantee that a suitable talent will be found in response to an request, nor that contractual relationships will arise between the mediated talents and the client (see section 2.5 of these GTC).

 

6.4 The request is valid for a period of 30 days. Within this period SKILLARY will continuously perform the matching. A request can be extended for another 30 days in the company profile. For the handling of payments, section 9 of these GTC applies accordingly.

7. Changes to the platform

SKILLARY enables the client to use the platform in the respective concrete design according to the state of the art. SKILLARY has the right to make changes (e.g. for further developments) to the platform at any time. The client has no claim to the production or maintenance of a certain design or a certain design of the company profile placed on the platform.

8. Termination of the contract

8.1 If a contract is concluded in accordance with these terms and conditions for a certain fixed term, the ordinary right of termination is excluded for both parties.

 

8.2 The right of extraordinary termination on the part of both parties shall remain unaffected thereby.

 

8.3 Termination must be at least in text form.

9. Prices, sales tax (VAT), terms of payment and offsetting

9.1 The total prices result from the respective offer or contract. The sales tax (VAT) is shown separately. SKILLARY issues an invoice to the client, which is received at least in text form or in writing.

 

9.2 If the contract is automatically extended in accordance with section 8.2 of these GTC, the contractually agreed price must be paid in advance at the beginning of the extension period. SKILLARY will issue the client with an invoice, which will be received at least in text form or in writing.

 

9.3 Invoices are due for payment within 14 days. Payment is received when the invoice amount is credited to SKILLARY's bank account.

 

9.4 If a client defaults on his payment obligations, SKILLARY may demand compensation in accordance with the statutory provisions.

 

9.5 Offsetting against SKILLARY's claims is only permissible if the counterclaims have been legally established or are undisputed. The exercise of rights of retention against SKILLARY is not permitted, insofar as the asserted counterclaim has not arisen from the same mutual contract.

 

9.6 SKILLARY can also use service providers for payment processing. SKILLARY informs about corresponding data processing in the data privacy statement.

10. Liability

10.1 SKILLARY is only liable for intent or gross negligence as well as for the breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner can regularly trust and trust (cardinal obligations), but limited in the case of cardinal obligations on the contract-typical, foreseeable damage.

 

10.2 SKILLARY's liability for indirect damage, in particular loss of profit and consequential damage, is excluded and limited to the typically foreseeable damage.

 

10.3 Moreover, liability is excluded.

 

10.4 The above exclusion of liability does not apply to any liability under the German Product Liability Law (Produkthaftungsgesetz), in the event of injury to life, limb or health and in the case of data protection claims.

 

10.5 If SKILLARY's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

11. Use contrary to the contract

11.1 SKILLARY is entitled to block illegal content immediately if it is aware of the illegality or is aware of facts or circumstances from which the illegality can be seen.

 

11.2 The client is responsible for all violations of these terms and conditions resulting from the use of his account and/or his company profile, unless the client can prove that he is not responsible for the violation.

 

11.3 SKILLARY can take the following measures if there are specific indications that a client violates legal regulations, third party rights or these general terms and conditions, or if SKILLARY has another legitimate interest, in particular to protect other clients and/or users:

  • Warnings of clients,

  • temporary, partial or definitive blocking,

  • extraordinary termination of the contract.

 

11.4 SKILLARY may definitively exclude a client from the active use of the platform (final blocking) even if the client has provided false data and/or contact data when registering, in particular a false or invalid e-mail address, if he significantly damages or harasses other users or if there is another important reason.

 

11.5 The client has the right to be granted access authorization and access after he has proven that he has ceased to use it in a manner contrary to the contract and has prevented future use contrary to the contract.

12. Indemnity

12.1 If a claim is made against the client or SKILLARY by third parties, including state authorities and institutions, due to violations of rights based on the fact that the other party to the contract has violated the obligations specified in these GTC or in the contract, the infringing party shall immediately indemnify the claimed party against these claims, including the necessary legal costs. The infringing party shall support the claimed party in the legal defence and clarification of the facts of the case.

 

12.2 The claimed party is obliged to immediately inform the other party in writing of the nature, reason and amount of the asserted claims, not to make any concessions or acknowledgements or comparable declarations and to enable the other party to conduct all judicial and extrajudicial negotiations about the claims at its own expense. This shall not apply if the party claimed is a necessary litigant.

 

12.3 A claim for indemnification under this clause 12 shall lapse if the party to be indemnified suffers a loss of rights due to the fact that it does not fulfil its obligations under section 12.1 and/or section 12.2 of these GTC, unless the party obliged to indemnify is not responsible for this breach of duty.

13. System integrity and failure of the platform

13.1 Clients may not use any mechanisms, software or other scripts in connection with the use of the platform that may interfere with the functioning of the platform.

 

13.2 Clients may not take any measures that could result in an unreasonable or excessive load on the infrastructure.

 

13.3 Clients may not block, overwrite or modify any content generated by SKILLARY or interfere with the platform functionality in any other way.

 

13.4 SKILLARY may restrict access to its own services if the security of the network operation, the maintenance of the network integrity, in particular the avoidance of serious disturbances of the network, the software or stored data require this.

14. Data protection, privacy

14.1 SKILLARY collects, processes and uses personal data in accordance with the statutory provisions and the privacy policy.

 

14. 2The processing of personal data of the client is necessary for the execution of the contract. The legal basis for this data processing is therefore Article 6 (1) (b) GDPR.

 

14.3 The parties mutually undertake to keep secret all confidential information in connection with the contract during the term of the contract.

 

14.4 SKILLARY is entitled to pass on confidential information of the client to other users and/or service providers for the fulfilment of the contract.

15. Amendment of these general terms and conditions

SKILLARY reserves the right to change and/or add to these terms and conditions at any time without giving reasons. Changes to these terms and conditions will be communicated to the client by sending the version with the changed terms and conditions. The client can object to these changes by giving a written declaration within two weeks of receipt of the new version. If the client does not object to the changes or does not object to them in due time, the changes will take effect. Insofar as the client objects to the changes, the GTC in the version applicable up to that point continue to apply.

16. Severability Clause

If a provision of this contract is invalid, the remaining provisions shall remain unaffected. The ineffective provision shall be deemed replaced by a provision that comes as close as possible to the meaning and purpose of the ineffective provision in a legally effective manner. The same applies to any regulatory gaps.