Terms und Conditions
The translations are provided for information purposes only; in cases of doubt, the German language, German law and the content of the German version of the terms and conditions take precedence over the translated version.
Should there be differences in content between the German General Conditions and the translations, for all cases of doubt that may arise from possibilities of interpretation due to language there will only be valid the German version of the General Terms and Conditions.
1. Scope of application
1.1 The following terms and conditions apply to all - including future - services provided by Regina Bergdolt, Windeckstraße 44, 68163 Mannheim, Germany (hereinafter referred to as "USER") to its customers (hereinafter referred to as "user") in connection with the provision and performance of services via the website https://www.fairselection.info/ (hereinafter referred to as "website").
1.2 The employees of the USER are not entitled to make any agreements, subsidiary agreements, individual guarantee promises or assurances that deviate from these conditions, unless they are expressly authorised to do so or are authorised by virtue of their position as an executive body, power of attorney or general power of attorney.
1.3 Insofar as the USER provides the user with services from a third party in accordance with the contractual provisions, the terms and conditions of the third party shall also apply with regard to these services, insofar as the user was able to acquire reasonable knowledge of these prior to conclusion of the contract.
1.4 The goods and services offered by the USER in accordance with these provisions are intended exclusively for entrepreneurs within the meaning of § 14 BGB (German Civil Code), i.e. natural or legal persons or partnerships with legal capacity who act in the exercise of a commercial or independent activity when placing an order. Only these are users in the sense of these terms and conditions. In this respect, the USER rejects the conclusion of a contract with a consumer under the validity of these provisions. When concluding the contract, the user declares that he concludes the contract for purposes which can predominantly be attributed to his commercial or self-employed professional activity.
1.5 The user's terms and conditions of purchase or business shall only be valid if the USER has acknowledged them separately in writing. In any case, the following hierarchy of provisions shall apply under the individual agreements:
- Amendments according to clause 1.2.
- These terms
- Purchase or business conditions of the user.
In the event of contradictions or ambiguities, the first mentioned provisions shall always take precedence over the following provisions.
2. Conclusion of Contract
2.1 Before the user can make use of the services of the USER, he must first register free of charge on the website with his personal data.
2.2 If the USER accepts any action under the terms of the offer, it shall notify the user thereof in writing, in text form (in particular by e-mail or fax), orally or impliedly (in particular by providing the service). The contract is then concluded with the user's receipt of the declaration of acceptance by the USER or at the latest with the provision of the service by the USER.
3.1 The subject of performance is a web tool that supports companies in the selection of personnel ("Service"), whereby the USER offers various modules. The Service is offered as an ASP service for use over the Internet.
3.2 The scope, type and quality of the USER‘s services shall be determined by the USER‘s description of services (cf. https://www.fairselection.info/pricing/ and this contract).
3.3 Product descriptions, representations, documentations and comparable documents are performance descriptions, but not guarantees. A guarantee requires the written declaration of the USER.
3.4 Before concluding the contract, the user has checked whether the specifications of the individual service correspond to his wishes and needs. He is aware of the essential functional features and conditions.
3.5 The Services of the USER in the transmission of data are limited solely to data communication between the transfer point of the USER's own data communication network operated by the USER and the server provided for the user. The USER shall not be able to influence data traffic outside its own communication network. A successful forwarding of information from or to a computer querying the contents is therefore not owed. The Internet connection itself is not the object of the USER‘s performance. The user can only use the Service if he has a sufficiently powerful Internet connection. The required bandwidth depends on the intensity of use and the amount of data of the user.
4. Subject matter: Personal consultation
4.1 If the subject of a module that the user books is also a personal consultation, the USER shall inform the user after conclusion of the contract by e-mail of 3 alternative dates on which the consultation can take place. The user must then inform the USER of the date on which the consultation is to take place within 3 days of receipt of the e-mail.
4.2 The maximum duration of the consultation shall be that specified in the corresponding service description.
4.3 Unless otherwise agreed, the consultation shall take place by telephone.
5. Remuneration/transferability/maturity/delay in payment
5.1 The remuneration owed results from the order-related service description of the USER or the offer of the user.
5.2 All prices are net in Euro plus statutory VAT.
5.3 Orders placed or orders placed by the user are not transferable and can only be claimed by the intended recipient of the service. The intended service recipient is the user or company that places the order.
5.4 The user can only assign monetary claims of the user against the USER to third parties if the respective underlying legal transaction is a commercial transaction for both parties.
6. Cooperation of the client; default of acceptance
6.1 The parties agree that the successful execution of the order depends on the cooperation of the user.
6.2 The user shall immediately inform the USER in text form of any concerns regarding the services provided, the provision of materials and cooperation and the future development of the order.
6.3 If the user is in default of acceptance or culpably violates other obligations to cooperate, the USER shall be entitled to demand compensation for the damage incurred in this respect, including any additional expenses. Further claims remain reserved.
7. Performance and invoicing by third parties; retention
7.1 The USER shall be entitled to perform the contractually owed services through third parties, in particular through affiliated companies.
7.2 The USER shall be entitled to assign any claims arising from this contract to third parties, in particular to affiliated companies, or to authorize third parties to assert such claims in its own name.
7.3 The user may only offset undisputed or legally established claims. The user may assert a right of retention only in cases of undisputed or legally established claims. The user is only entitled to a right of retention or the defence of non-performance of the contract within this contractual relationship.
8. Liability of the USER
8.1 The USER shall be liable to the user only for damages caused intentionally or by gross negligence. This shall not apply if the USER violates essential obligations of the contract. Essential contractual obligations are those whose fulfilment makes the proper execution of the contract possible in the first place and on whose observance the contractual partner regularly relies and may rely.
8.2 In the event of slight negligence, the USER shall not be liable for financial losses in respect of indirect losses, in particular consequential losses, unforeseeable losses or atypical losses as well as lost profits.
8.3 Any statutory strict liability of the USER - in particular liability under the Product Liability Act and statutory guarantee liability - shall remain unaffected by the above limitations of liability. The same applies to the liability of the USER in the event of culpable injury to life, limb or health.
8.4 The limitations or exclusions of liability under Clauses 8.1. to 8.3. shall also apply to the personal liability of the employees, representatives, organs and vicarious agents of the USER, insofar as they are directly claimed.
9. Obligations of the user
9.1 The user may only use the Service in accordance with the contractual agreements and the statutory provisions.
9.2 The use of the Service by the user, in particular the content that the user posts, links to, embeds or otherwise makes accessible, is the sole responsibility of the user. The user warrants that all content posted by him ("user content") does not violate the relevant domestic and foreign legal provisions, in particular consumer protection law, copyright law, competition law and data protection law, morality or the rights of third parties. The placement of contents of the user which
(a) are of a discriminatory, racist, violent or inhuman nature,
(b) call for or endorse criminal offences,
c) contain pornography or violate the law for the protection of minors
d) violate the personal rights of third parties
9.3 The user may not use any software or other technical equipment that changes, extends or endangers the functioning of the Service. In particular, the user may not attempt to access the Service by means other than the intended technical means.
9.4 The user shall treat access data to the Service as strictly confidential. He may only make access data accessible to his own employees who may use the Service within the scope of their service tasks in accordance with the agreed restrictions.
9.5 If the user suspects that his access data has become known to a third party or that a third party is unauthorized to use the user's access to the service, the user is obligated to inform the USER immediately.
9.6 If the USER has concrete indications that the user is using the Service contrary to the provisions of this agreement or the other contractual agreements of the contracting parties or that an unauthorized third party is accessing the Service without authorization using the user‘s access data, the USER shall be entitled to block the user‘s access to the Service until the matter has been clarified. Except in case of imminent danger, the USER shall give the user the opportunity to comment prior to such action. The user remains obliged to pay the agreed remuneration during the period of blocking, unless he was not responsible for the circumstances that led to the blocking.
9.7 The user shall indemnify the USER against all claims of third parties and shall compensate the USER for all damages incurred by the user due to use of the service contrary to law or contract, unless the user proves that he is not responsible for the respective infringement. Reimbursable damages also include the reasonable costs of legal defence which the USER should incur in defending against claims by third parties. However, the USER shall immediately inform the user of any legal defence measures to be taken. In such disputes with third parties, the USER may only conclude settlements after consulting the user. Otherwise, the USER shall bear all costs of the dispute itself.
10. Confidentiality, data protection
10.1 The contracting parties undertake to treat confidentially all trade secrets of the other contracting party which become known to them by the other contracting party during the execution of the contract. The parties also agree not to disclose the contents of this contract.
10.2 Insofar as the user processes data with the aid of the USER's Service which are to be assigned to a specific or determinable person (personal data within the meaning of § 3 Para. 1 BDSG), the user shall be solely responsible for ensuring that the person concerned has consented to this processing of his data or that legal permission has been obtained. The user always remains the responsible party with regard to such personal data. The user indemnifies the USER against all claims of the person concerned and reimburses the USER for all damages incurred by the user due to the use of personal data in violation of data protection laws, unless the user proves that he is not responsible for the violation.
10.3 At the written request of the user, the contracting parties shall conclude an agreement on the processing of order data in accordance with § 11 BDSG insofar as this is required by the statutory provisions. In such cases, the USER shall submit a proposal for an agreement on order data processing.
11. General information
11.1 Amendments, cancellations and additions to this contract must be made in text form (e.g. fax, e-mail); this also applies to a cancellation of this text form requirement.
11.2 The contractual relationship shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
11.3 If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction shall be the registered office of the USER for all claims arising from or in connection with this contract. The same applies to persons who do not have a general place of jurisdiction in Germany or persons who have moved their place of residence or habitual abode outside Germany after conclusion of the contract or whose place of residence or habitual abode is not known at the time the action is filed.
11.4 The invalidity or ineffectiveness of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions.