General
Terms and conditions for the use of Lyncronize and accompanying
Services
1. scope of application
1.1 These GTC govern the relationship between Lyncronize GmbH, Universitätsplatz 12, 34127 Kassel (hereinafter referred to as "Lyncronize") and the user for all contracts concluded via the platform www.lyncronize.de and the other use of the platform of Lyncronize (hereinafter referred to as "Platform").
1.2 Lyncronize operates on the website www.lyncronize.de a platform on which IT service providers, employees and freelancers (briefly summarized hereunder "IT service providers") present their company and employee profiles whereas clients present their projects. On this basis both are able to strive for cooperation.
1.3 If clients wish to present a project or IT service providers wish to create a profile, they must create a user account to use the platform and accept these GTC. Any deviating general terms and conditions of the user shall not apply. They shall not apply even if the user communicates them to Lyncronize or refers to them in communication with Lyncronize or elsewhere and Lyncronize does not object to them.
2. terms
2.1 Users: All visitors to the platform www.lyncronize.de who, as IT service providers or clients, conclude an agreement on the use of the platform with a registration are considered users.
2.2 Client: Users who create and offer projects on the platform and seek IT service providers for cooperation via the platform are deemed to be clients.
2.3 IT service providers: IT service providers are those users who offer their own service for IT projects on the platform.
2.4 The IT service provider and the client affirm that they are acting as entrepreneurs within the meaning of § 14 of the German Civil Code (BGB).
3. platform, access and registration
3.1 In order to use the platform as a client or IT service provider, the user must be registered. A contract of use for the use of the platform with Lyncronize shall be concluded when the user has sent a registration form filled in with his complete and accurate information to Lyncronize, the user has confirmed his email address by a message sent by Lyncronize to the email address provided and Lyncronize grants access to the platform through the user account. Input errors can be corrected before submitting the registration by means of the usual device functions.
3.2 Upon registration, a user account is opened. Registration and the setting up of the user account are free of charge as long as no further services result from section 5 and the respective conditions of use.
3.3 The user must provide the data requested for his account completely and correctly. The use of pen names, pseudonyms or other fanciful names in the context of the personal name query is not permitted.
3.4 The user must keep his password secret and carefully secure access to his account. The user is obliged to inform Lyncronize immediately if there are indications that an account has been misused by third parties.
3.5 Lyncronize is entitled to interrupt the permanent use due to maintenance work and for other important reasons, provided that Lyncronize gives the user reasonable advance notice. In urgent cases, the advance notice is dispensable.
3.6 Companies doing business in the personnel services sector are not permitted to commercially market direct projects (projects advertised directly via the platform) advertised within the framework of the platform.
4. profile and project creation, responsibility
4.1 The registered user can create his own profile on the platform as an IT service provider and a project as a client and then publish it on the platform. Lyncronize shall provide storage space for the data and content entered by the user within his user account. A transfer of the platform software is not part of the contract.
4.2 The user has the possibility to upload his own digital content in his account area for his publication on the platform. He can use various predefined features, criteria queries and forms of the platform for the creation. The user can view the publications created in his account area and manage the content there.
4.3 The user has the option of providing his own contractual information and content for his publications. The user is responsible for ensuring that any content provided by him/her for the publications is completely free of third-party rights and is also suitable for these uses from a legal perspective and may be made available.
4.4 The user is obliged to create and manage his offers on his own responsibility and is liable for corresponding legal information and labelling obligations as well as any statements of his descriptions and content presentation and it is incumbent on him to manage these properly in accordance with his own contractual relationships with his contractual partners. He is obliged to fulfil his legal obligations and to truthfully provide information requested and published by him (e.g. profile information).
4.5 The user shall indemnify Lyncronize against all claims, including claims for damages, asserted by third parties against Lyncronize due to an infringement of their rights by the content and offers transmitted by the user on the platform. The user shall bear all reasonable costs incurred by Lyncronize due to such infringement of third party rights, including the reasonable costs incurred for legal defence. All further rights and claims for damages of Lyncronize shall remain unaffected.
4.6 The User shall notify Lyncronize without undue delay after becoming aware of any disruptions to the platform and shall assist Lyncronize to a reasonable extent in determining the disruption and its causes as well as in remedying the same.
4.7 The user himself is responsible for archiving documents and information created and viewable with the platform, which he requires for purposes of preserving evidence, accounting, etc., on a storage medium independent of the platform.
4.8 The User may not use addresses, contact details and other personal data obtained through the use of the platform for any purpose other than for contractual and pre-contractual communication or for the respective contractual purposes. In particular, it is prohibited to resell this data or to use it for sending advertising, unless the respective data subject has expressly consented to this in advance or this is justified by other legal regulations.
4.9 Lyncronize reserves the exclusive right of use to all documents, statistics and content created by Lyncronize or made available with the platform. The user is only permitted to use them for the purpose of using the platform within the contractual framework. Transfer or use outside the platform is not permitted.
4.10 The user grants Lyncronize a non-exclusive right of use with regard to its logo and any materials and content used in the context of its publications for advertising and marketing purposes for and within the platform and in particular for permanent use and storage within the platform. The user may revoke this right of use by notifying Lyncronize in text form for specifically named content.
5. remuneration for use of the platform
5.1 For the IT service provider and the client, the use of the platform in the basic variant is free of charge. A service for which a charge is made shall only come about with each successful mediation in accordance with sections 5.6, 5.7.
5.2 When booking the chargeable usage variants of the platform, monthly fees will occur for the respective user depending on the price lists. . For service providers: during your one-time test phase (14 days) we do not charge any licence fees. in Rechnung. If you not decide to subscribe by the end of your trial period you will be automatically downgraded to a free function (passive company profile).
5.3 The proposals generated by the platform according to a selection of criteria by the commissioning party sometimes count as a chargeable service.
5.4 Furthermore, Lyncronize may offer the user further checks, for which a charge will be made, regarding the conformity of certain criteria specifications with the actual information provided by the IT service providers or clients.
5.5 The provision of criteria and risk assessments for pseudo-self-employment does not replace individual legal advice. Any checklists merely represent a blanket and automated comparison of criteria provided by the respective user.
5.6 The commission (5-8%) shall be payable by the Client and the IT service provider after the commission has been placed in accordance with the price list. It is calculated on the basis of a percentage of the total price for the brokered project. If the total price cannot be determined at the time of mediation, settlement shall be based on the remuneration agreed between the IT service provider and the client within the first six months. The above sentences 1 to 3 shall apply insofar as otherwise agreed on the platform upon conclusion of the contract in accordance with the offer of Lyncronize. The inclusion in a respective network of the user in accordance with the offer versions on the platform shall constitute an exception.
5.7 The brokerage of a contract shall be deemed to have been concluded via the platform if
a) the first contact between IT service provider and client took place via the platform or/and
b) concrete contract projects, through which the contract is concluded, were presented via the platform or /and
c) follow-up contracts are concluded between the IT service provider and the client.
5.8 The client and the IT service provider shall provide Lyncronize with information on the conclusion of contracts and the value of the contracts concluded through the platform within 3 weeks after the conclusion of the contract. Lyncronize has the right to request this information from the Client and the IT service provider at any time. The Client and the IT service provider shall be equally obliged to notify Lyncronize without delay of any commissioning of a contractual relationship arranged for it by Lyncronize in accordance with Clauses 5.2, 5.6 and 5.7 and to submit the documents required by Lyncronize for calculating the remuneration (in particular the invoices issued by the IT service provider to the Client). The notification and submission of documents must be made in the manner provided by Lyncronize. The fee shall be invoiced on the basis of the notification and the documents submitted.
5.9 Lyncronize reserves the right to grant discounts on brokerage fees upon reaching a certain notified term of a contract brokered via the platform between IT service provider and client.
6. performance/payment
6.1 Lyncronize offers the technical possibility for contact, commissioning and contract conclusion between the users. The IT service provider offers its services to the client via the platform. The contract for the services is concluded between the respective IT service provider and the client.
6.2 Lyncronize has the right to technically edit, prepare and adapt functional content of the platform in such a way that it can also be displayed on mobile devices or software applications of third parties. Lyncronize reserves the right to add further interfaces and improve technical functions to the platform in the future at its own discretion. Likewise, functions may be removed at the discretion of Lyncronize. If justified interests of the user (e.g. in the case of a significant change in service to the disadvantage of the user) can be adversely affected by a change in services subject to a charge, Lyncronize shall notify the user of this change in service in writing or electronically before it takes effect and shall inform the user in this notification of his special right of termination regulated below and the consequences of not exercising the right of termination. In this case, the user shall have the right to terminate the
contract prematurely with a notice period of 14 days to the date on which the change takes effect (special right of termination).
6.3 Insofar as legal declarations are made by the users among themselves within the platform, Lyncronize shall only provide the technical representation or, as the case may be, transmission. The user is responsible for the completeness, correctness and effectiveness of the content.
7. term,
Termination and blocking
7.1 The free user account can be terminated by the user at any time. The account will be deleted completely. An exception to this is the storage of the user's data in the event of gross violations by the user of legal regulations, the rights of third parties or these terms and conditions. This serves the sole purpose of preventing this user from registering again. An exception also exists in the case of a legal obligation to store data or a legal possibility to store data for another purpose (e.g. consent of the user).
7.2 The contract for the paid use of the platform is concluded for an unlimited period.
The contractual relationship for this use can be terminated monthly by both contracting parties. The termination must be received by the contractual partner in text form at least 7 days before expiry.
7.3 Lyncronize may take the following actions if there is evidence that a user is in breach of the law, the rights of third parties or these Terms, or that Lyncronize has another substantial legitimate interest, in particular to protect other users from fraudulent activity:
a) Delete content,
b) Warning the users,
c) Limitation/restriction of use,
d) Provisional blocking,
e) Final blocking.
When choosing the measure, Lyncronize takes into account the legitimate interests of the user concerned.
7.4 In particular, the following actions are
forbidden:
- defamatory, false, insulting, obscene, offensive, sexually oriented, threatening, harassing or racist material and/or statements are disseminated or any kind of pornography, texts or image material is offered, provided or otherwise made accessible via the platform,
- use of the platform to threaten, harass, insult or defraud others, to violate the rights (including personal rights) of others, of third parties (trademarks, rights to a name, copyrights, data protection, personal rights, etc.) or the regulations for the protection of minors.
- interfering with the technical design and maintenance of the use of the platform. The scraping of data on the platform for non-platform purposes is also prohibited.
- publishing advertising, in particular surreptitious advertising.
8. non-solicitation
8.1 The parties mutually undertake not to employ, directly or indirectly, any employees of the other party or any subcontractor engaged by either party during the term of this contract or any individual contract. Also known as poaching.
8.2 Soliciting is understood to mean influencing an employee bound by an employment contract with the aim of persuading him or her to change jobs.
8.3 In each case of a culpable breach of the obligation under clause 8.1 by one party, the respective other party shall be entitled to demand a contractual penalty of up to one year's salary of the poached employee from the respective poaching party, which penalty shall be reviewed for its appropriateness by the Kassel Regional Court at the request of this party, unless the poaching party proves that it did not poach the employee.
8.4 The assertion of other claims, in particular for injunctive relief or damages, shall remain unaffected.
9. liability
9.1 Liability for damage to legal assets other than life, limb or health is excluded unless the damage is due to intentional or grossly negligent conduct on the part of Lyncronizes, one of its legal representatives or one of its vicarious agents or the conduct is not a breach of material contractual obligations. Material contractual obligations are obligations the fulfilment of which is essential for the proper performance of the contract and on the observance of which the user may regularly rely.
9.2 In the event of a loss of data caused by intent or gross negligence on the part of Lyncronize, Lyncronize shall be liable exclusively for the costs of copying the data from the backup copies to be made by the user and for restoring the data that would have been lost even if the data had been properly backed up.
9.3 The aforementioned exclusions of liability shall not apply insofar as claims under the Product Liability Act are concerned, a defect was fraudulently concealed or a guarantee of quality was assumed.
9.4 Lyncronize provides the Platform with an availability of 98.8 %. The availability refers to the average availability during the operating period of each calendar month. Lyncronize reserves the right to interrupt the provision of the Service to carry out scheduled and, in an emergency, unscheduled maintenance (the Maintenance Windows). The times of the Maintenance Windows shall not be deemed to be operating times for the purposes of the above provisions. Lyncronize will give four (4) days' notice of Scheduled Maintenance Windows. Lyncronize will give advance notice of unscheduled maintenance windows where possible and reasonable. Other temporary interruptions of service due to disruptions of the Internet at third-party providers or third-party network operators as well as in the event of force majeure will also not be taken into account.
10. final provisions
10.1 The relations between the contracting parties shall be governed by the law applicable in the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
10.2 If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of Lyncronize. The same shall apply if the user does not have a general place of jurisdiction in Germany or if the user's place of residence or habitual abode is unknown at the time the action is brought.
10.3 The contractual language is German.
10.4 If the user has concluded a contract for services of Lyncronize, Lyncronize shall offer the user information about its own similar services via the e-mail address sent at the time of conclusion of the contract (§ 7 III UWG). The user may object to this sending at any time.
10.5 Lyncronize is entitled to make changes to the GTC or other terms and conditions. The user shall be notified of any changes in writing or by e-mail at least four weeks before they come into force. The changes shall become effective if the user does not object in writing or by e-mail within a period of four weeks after receipt of the notice of change and Lyncronize has informed the user of this legal consequence in the notice of change.
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