appjobber Terms and Conditions of the appJobber internet and mobile platforms - appJobber

Terms and Conditions of the appJobber internet and mobile platforms

Contents

Effective: 9 Nov. 2012

Preamble

(1) The AppJobber app and the AppJobber website are a service of “wer denkt was GmbH”, Robert-Bosch-Str. 7, 64293 Darmstadt, represented by its managing directors (hereinafter referred to as “platform operator”).

(2) These terms and conditions regulate the business between all natural persons and business partnerships using the AppJobber platform (hereinafter referred to as “user”).

(3) AppJobber is a digital marketplace providing various kinds of small services (hereinafter referred to as “jobs”). These jobs can be posted and executed on the AppJobber platform. A user who posts a job will hereinafter be referred to as a “client”, and a user who executes a job will hereinafter be referred to as a “contractor”. Only jobs that do not violate the law, these terms and conditions, and common decency, in particular regard to the provisions of the criminal law or the protection of minors. Other users will then apply via the platform in order to execute jobs.

(4) The use of the AppJobber platform is free for all contractors. Charges from the user’s respective service provider may apply when accessing and using the portal, and these costs are the user’s responsibility. Costs do, however, exist for clients for the execution of posted job. These costs are explained in §4.

§1 Application of Terms and Conditions

(1) These terms and conditions (including the use and participation agreement and the privacy policy), in their current version, apply in the relationship between the platform operator and the users. Through the use of the AppJobber platform, and particularly by registering as a contractor, the user accepts the contents of the terms and conditions and thereby expressly agrees to them. Any of the user’s contradicting terms hereby are expressly objected to.

(2) The platform operator reserves the right to change or update these terms and conditions at any time. Reasons may be for legal relations or to take into account rising needs of the user and customers. The user will be notified of any change to the terms and conditions via email and on the app itself. If the user has an objection to the change, then it must be voiced within 2 weeks. In the case of an objection, the platform operator reserves the right to terminate the user’s contract within 2 weeks. The notification of a change or an update to the terms and conditions will include the possible consequences of an objection.

(3) The platform operator reserves the right to change the features or characteristics of the AppJobber platform and the AppJobber app without notice or to suspend the service altogether. The platform operator makes no guarantees to the availability or the manner of design of the AppJobber platform and AppJobber app being suitable for a particular purpose.

(4) The availability of the AppJobber platform depends on various technical requirements such as cellular signal strength, user devices, GPS field, etc., and can be interrupted by technical difficulties, or when taking into account the interests of users and organizational measures. Limited availability does not mean liability for the consequences of that limited availability. This applies in particular for the fulfillment or non-fulfillment of jobs, the posting of jobs, the downloading of the app, as well as the execution of payments.

§2 Registration

(1) The use of the AppJobber platform is gained by registering as a user. The registration is free of charge. This is possible by opening a user account and agreeing to these terms and conditions.

(2) A right to registration does not exist.

(3) A user account is nontransferable.

(4) The creation of multiple user accounts is not permitted.

(5) The user agrees to complete all registration information completely and truthfully. Further acquired personal data is protected by the data protection law.

(6) Users must be of legal age. It is prohibited for minors to register and enter into a contractual relationship.

(7) Registration can only be completed with the identification of the user through a personal email address and a confirmation link sent to it.

(8) Should any of the user’s registration information change in the future, the user is responsible for correcting the information immediately.

(9) The platform operator has the right to request authentication of the stored personal information, should any doubt arise.

(10) It is the user’s responsibility to keep their password secret, and to access the user account carefully. In the event of suspected abuse, the platform operator may block certain user accounts.

§3 User Account Guidelines

(1) The user is liable for all activities that occur under the user account.

(2) The user agrees not to hold the platform operator accountable for contents or actions of other users or third parties.

(3) It is the sole responsibility of the user to ensure the legal safety of their job postings. The publication of copyrighted, illegal, or improper content is forbidden. The platform operator reserves the right to remove posts that may violate these guidelines.

(4) A claim to compensation for the blocking or deletion of a user account is not possible.

(5) Users are prohibited from interfering in the operation of the platform. In particular, automated execution of job postings and any form of advertising is not permitted.

(6) The user may close their account at any point and with no explanation. Once the account is deleted, all the personal data gathered for the user profile will be deleted, unless storage for a certain time period is required by law.

§4 Job Postings

For users who wish to offer jobs on the platform (ex. companies), the following additional conditions for posting jobs apply:

(1) According to the preconditions of these terms and conditions, a user can place job postings for small services on the AppJobber platform. Such a user is a client. The job can then be accepted by other users of the AppJobber platform when the users click the corresponding accept button on the AppJobber app. This then represents the binding acceptance of the reward, as set through the job posting, and the contractor’s obligation to the job.

(2) The job descriptions are correct to the best of the client’s knowledge and belief. Misleading postings are not permitted. The advertisement description must accurately reflect the job content and is the basis for the job execution by the contractor. Therefore, all essential job characteristics and features must be described truthfully. All details of the performance of the requested service are therefore to be fully described. The review of the job performance is based on the posting description, and the client does not have the right to reject or later withdraw approval from responses that were completed according to the job description.

(3) In the case of a conflict arising between the contractor and client in the review of a job performance, the platform operator decides on the issue based on the posted job description and the response submitted by the contractor. A satisfactory job performance will obligate the client to make the payment. An unsatisfactory job performance, including one which may only in parts not fulfill the job posting description, relieves the client from any obligation of payment.

(4) Postings will not be reviewed by the platform operator for legality, accuracy, and completeness.

(5) The platform operator reserves the right to edit and adapt contents of job descriptions for technical reasons, so that they are accessible without any errors in the AppJobber app and on the AppJobber platform.

(6) A commission of 50% of the job reward, at least 50 euro cent, is payable by the client after a contractor’s successful completion of a job, unless otherwise agreed.

§5 Job Specification and Execution

(1) Each user can accept jobs that are offered through postings. The contractor thereby accepts a binding offer. A contract for the provision of the posted job is created when the first contractor takes the offer. Technically, each offer can only be taken once, and is deactivated for other user’s once it is taken by the first contractor.

(2) Users may only take offers that are legal and in agreement with these terms and conditions. The platform operator would like to call attention to the fact that both the supply of, and payment for services in certain areas (such as tax and legal advice, architectural and engineering services, certain surveying services) are regulated by law or other provisions. Clients, therefore, are responsible for checking if such regulations apply to them and agree to compliance.

(3) Contractors, clients, and the platform operator are independent parties in the contract. The relationship between the contractor and platform operator is not a partnership, organization, joint venture, or permanent employment. The contractor engages in a temporary service relationship with the platform operator, and not in official or permanent employment. The sole responsibility of the contractor’s services is to the defined job.

(4) The contractor does not render services for the platform operator, is free to choose what offers to take, is free in the use of his time, and does not receive instruction from the platform operator. In the performance of services, the contractor is not responsible for a certain result.

(5) The contractor does not have an obligation or a claim to individual jobs, as is the case for the scope of work defined.

(6) The contractor is to provide the services as described in the job description and with the required technology.

(7) Individual jobs are only available for the period of time that is required for their completion, a maximum of one hour. If the job is not completed and the response transferred within an hour of activation, then the platform operator may cancel the contract for the job, and open it back up for other users to take.

(8) A cancelation of the binding job acceptance is only possible by telephone for a given case. Each contractor, should he not be able to complete the job, has the right to cancel the job acceptance without being charged.

(9) The costs for the preparation and performance of the job are borne exclusively by the contractor and are fully covered by the reward indicated in the job offer.

(10) As soon as the job is closed and submitted, the contractor passes the rights tied to the job fulfillment to the platform operator. In particular, these include use and processing rights, as well as commercial distribution of the results to the client and third parties. Contractors and clients grant the platform operator a permanent, unlimited, unexclusive, transferable, compensated, worldwide license to the content generated by them. The license includes the use, copying, publication, storage, broadcasting, and distribution of user content generated in the course of job postings or job performance. The user pledges to possess these rights and have the authority to transfer them to the platform operator.

(11) If a job is not done as per the job description, the job will not be paid, not even in part.

(12) If the contractor does not agree with the rejection of a response, he must appeal that with in 2 weeks. The contractor is permitted to submit a statement.

(13) Should a dispute arise, the platform operator will review, within 4 weeks, whether the job response fills the job description. The platform operator will give both users involved an opportunity to submit their comments. After a completed review, the platform operator will decide whether the job result is accepted or rejected. This decision is binding for both the contractor and client.

(14) In the case that a job response is accepted after the fact, it will be compensated according to §6.

§6 Payment

(1) The contractor collects the job rewards in a virtual account on the AppJobber platform. He may, at any time, collect the payment owed to him through the methods indicated on the platform. In doing so, the cost of the transaction – unless otherwise agreed – is carried by the contractor. Transactions to domestic banks carry no fees.

(2) The contractor sends an invoice to the client, who then is responsible for transferring the agreed upon amount to the contractor. The platform operator is responsible for creating the invoice and forwarding it to the client, as a software-based billing solution. This way, each contractor receives their own invoice number sequence. The provision will be invoiced directly to the client from the platform operator.

(3) The contractor is to completely and accurately provide the necessary billing information and ensure that this information has been properly and legally registered.

(4) The payment of the financial remuneration is not transacted on the AppJobber platform. The platform operator does not collect service fees in its own name for foreign accounts, and does not transfer these to the contractor either.

(5) The client may take up to 4 weeks to determine the acceptability of a job response.

(6) The user agrees to the use of electronic billing and invoices, and ensures to hold these for 10 years, under applicable law, legible and in their original format.

§7 Content Liability

(1) The platform operator is not liable for the content of the client’s job postings. The postings usually contain external content provided by the client. The platform operator does not monitor or appropriate this content. The user who creates the content is exclusively liable for it.

(2) Should any illegal content on the platform be indicated to the platform operator, the content will immediately be reviewed and in the case of reasonable suspicion of illegality, the user will be blocked. The client will be given up to 2 weeks to respond to the allegations against the content. If the client does not respond, then the contents will be deleted. If the client does respond, then the platform operator will forward the response and the summonable address to the complainant. Then, only in the case of a settlement or judgment to do so, will the content be deleted.

§8 Liability

(1) The relationship between the client and contractor does not create any legal rights or responsibilities in respect to the platform operator. In particular, the platform operator accepts no liability for the content or quality of responses or for any damages resulting therefrom. This excludes cases where the platform operator is responsible for the damage.

(2) The user releases the platform operator of all claims made against the platform operator by other users or third parties. In doing so, the user accepts the costs of the any necessary legal defense against the platform operator, in particular, all court and attorney fees, unless the user is not responsible for the infringement.

(3) Should no deviation from the following provisions be revealed, the parties are to be held liable in accordance with legal provisions.

(4) Liability for damages, willful misconduct, gross negligence, or damages resulting in injury to life, body or health by the platform operator, any of its agents or legal representatives has no limit in amount.

(5) In all other cases, the platform operator is only liable if a breach of a fundamental obligation is in question, and is liable only for injuries incurred in actions absolutely necessary to the fulfillment of a job. In the case that a obligation that the user relies on (cadinal duty) is not met, then the platform operator is liable for typical, predictable damages.

(6) The user is responsible for the regular backup of his own data. Should the platform operator experience a loss of data, liability to the user for any loss suffered is only for an amount appropriate to the loss that would have been suffered had the user regularly backed up his own data.

(7) Liability according to the product liability law will remain unaffected.

§9 Privacy Policy

(1) All parties agree to comply with the data protection laws. In particular, they must oblige their employees and coworkers to a confidentiality agreement in accordance with § 5 Federal Data Protection Act.

(2) If the platform operator collects personal information from the client or the contractor, or their processes or uses, this is done either in fulfilling obligations to the parties, or for data processing (§ 11 Federal Data Protection Act) for the client.

(3) Personal data will not be shared with third parties for advertising purposes. The app does not create or store user tracking information, with the exception of location validation in the execution of a job, which is used for fraud detection.

§10 Termination

(1) The platform operator has the right to terminate a contract with a user with a termination notice of 4 weeks to the end of the month.

(2) The right of the contract parties to terminate with good cause remains unaffected. Should the reason be due to a breach of contract by the other party, then the good cause for termination is compromised. The party in breach of contract will receive a written warning and the opportunity to remedy the shortcomings within 5 calendar days of receipt. A warning is not issued if:
a) the party in breach of contract finally and absolutely refuses performance.
b) a user’s posting violates criminal law, the protection of minors, or other applicable privacy protection stipulations.
c) there are special circumstances that, in consideration of mutual interest, justify immediate termination.

(3) In the case of a termination with good cause, the current applicable funds and claims will be settled. In the case that a user is responsible for the reason for termination with good cause, the provision applies with the stipulation that obligation of payment is eliminated for rewards that, as a result of termination, are illegal or perfunctory.

(4) The right to terminate with good cause remains unaffected by claims for damages.

(5) Notification of termination will be received in written form, related via email or SMS.

§11 Choice of Law and Jurisdiction

(1) The operator of this internet service, wer denkt was GmbH, is registered in Darmstadt, Germany, and does not have any foreign dependent or independent subsidiaries.

(2) All contractual relationships, including those with foreign entities, are under the scrutiny of German law, without reference to norms of international private law, and excluding the UN Sales Convention. This is provided that such an action does not violate any mandatory regulations of the user’s home state that protect the user as a consumer as per article 6 paragraph 1 of Rome I Regulation (regulation of the law applicable to contractual obligation).

(3) If the user is a businessman, a legal entity under public law, or a special fund under public law, then any disputes will be subject exclusively to these terms and conditions or to these and the exclusive jurisdiction of the courts at the headquarters of wer denkt was GmbH (Darmstadt, Germany). This also applies if the user has no general place of jurisdiction within the Federal Republic of Germany, provided that no mandatory regulations on jurisdiction over consumer contracts in the EU (section 4 of the Brussels I Regulation) are hereby violated.

§12 Contract Language, Availability of Terms and Conditions

(1) Prevailing language of contract is German. Available translations will be accessible to customers for inspection at any time on the AppJobber platform, as well as in download format under the heading Terms and Conditions.

§13 Final Provisions

(1) Severability Clause: If any provision of these terms and conditions is invalid, the remaining provisions will remain. The invalid provision will be replaced by one that is legally effective with the same meaning and purpose. This also applies for any gaps in the terms and conditions.

(2) The use of any available user information by third parties for the sending of unsolicited advertisements is hereby objected to. The platform operator reserves the right to take legal action in the case of an offense.

(3) German law applies, excluding the UN Sales Convention. In the case of disagreements with business professionals or administrative agencies, Darmstadt has legal jurisdiction.