§ 1 Scope and Customer's Terms and Conditions
(1) The following provisions govern the use of the platform IT tenders (www.it-tenders.com)
(2) Only the following General Terms and Conditions in effect at the time of customer registration shall apply to the legal relationships between freelance pages AG, the operator of the IT tenders and freelance pages platforms, and the users of the platform.
(3) The customer's general terms and conditions are not applicable unless confirmed in writing by the operator.
§ 2 Definitions
(1) Operator: freelance pages AG
(2) Platform: Refers to the platform IT tenders and the associated services of the operator.
(3) Tender: A request for proposal that can be viewed on the platform.
(4) Buyer: A registered user who publishes tenders on the platform.
(5) Service Provider: A registered user who receives notifications about tenders via the platform.
(6) User: A natural person who, as an authorized employee of a company, registers the company as either a client or a service provider on the platform. In this context, a company can also be a sole proprietorship or a freelancer.
(7) Matching Tender: A tender that contains requirements matching a service provider's profile.
§ 3 Subject Matter of the Contract
The operator provides a platform where buyers can post tenders. Matching tenders can be viewed by service providers. Service providers are automatically informed about matching tenders. The operator is not involved as a representative of any of the contracting parties in a resultant contractual relationship between offering service providers and buyers.
§ 4 Use of the Platform, Contract Formation, Payment
(1) The contract with the operator for service providers is formed as follows: After entering the registration data on the designated web pages and agreeing to these General Terms and Conditions, the service provider can create a profile for free. Tenders are only viewable by the service provider once a corresponding service is selected and a payment method (credit card or PayPal account) is provided. The contract thus established is concluded for an indefinite period. Platform use is initially free for one month ("trial period").
(2) The applicable prices for using the platforms are available on the following pages
https://www.it-tenders.com/leistung-preise/kmu.html
3) Payment Models:
i. Monthly payment: Following the trial period, the contract is automatically extended by one month unless previously terminated. Fees are collected monthly at the start of the current usage month via the registered payment method. The service provider receives a standing invoice as the basis for recording monthly payments. This invoice remains valid until a termination or possible price change.
ii. Prepaid: After the trial period, the service provider receives an invoice for a period of 12 months, which must be paid within a period of 1 month.
(4) Buyers can use the platform as follows: After entering the registration data on the designated web pages and agreeing to the General Terms and Conditions, the buyer receives an email with the activation link, allowing them to use the platform. Freelance pages AG reserves the right to verify registration data before sending the activation link. A registered user who is registered as a buyer can publish tenders. They receive a monthly invoice based on the prices specified in paragraph (2), with published tenders billed in EUR. Invoices must be paid within a period of 1 month.
(5) Eligible to use the platform are:
- As service providers: Freelancers or independent service providers, service companies, or companies offering technical equipment.
- As buyers: Companies seeking, finding, and possibly commissioning service providers or suppliers based on tenders and any possibly commissioned companies.
Individuals practicing outside of these categories are excluded from using the platform. This may be checked by freelance pages AG.
(6) The price list valid at the time of contract conclusion or on the effective date of a contract renewal applies. Users are informed of any price changes at least two months in advance by email.
(7) If a user falls behind on payment, we reserve the right to suspend their access to our platform without further notice.
§ 5 Termination
(1) The contract is concluded for an indefinite period.
(2) Both parties have the right to terminate this contract at any time without notice electronically through the platform. Service Providers will not be charged from the time of termination. Buyers will only be billed for services already used.
(3) The right to extraordinary termination for good cause remains unaffected.
(4) Upon termination of the contract, the operator is entitled to delete user data.
§ 6 Liability of the Operator
(1) The operator is liable, regardless of legal grounds, only if damages are caused by gross negligence or intent by the operator or its vicarious agents or result from the violation of an essential contractual obligation.
(2) The operator, as a broker, is not liable for the content, legal qualification, or other correctness or completeness of contracts between providers and requesters, particularly not for the performance capability and willingness on one hand, as well as pricing, willingness, and ability to pay on the other hand.
(3) The operator is not liable for the correctness, completeness, or legality of information published by users on the platform.
(4) The operator aims to offer the platform with optimal availability. If usability is significantly impaired in individual cases due to lack of availability, liability for lost potential profits is not assumed. The operator guarantees a minimum availability of 95%. If actual availability falls below this threshold within a period of one month from the last payment, service providers are entitled to reclaim the fees for that month. Buyers are entitled to reclaim fees for tenders with a duration of up to one month if availability was less than 95% during the tender duration. Any further liability of the operator is excluded.
(5) The operator is not liable for potential damages from malware in files submitted by service providers during offer submission or by buyers as tenders.
§ 7 Obligations of Platform Users
Platform users agree to:
(1) Provide only accurate information on the platform.
(2) Treat information and data exchanged between users confidentially.
(3) Keep passwords secret and not disclose them to third parties.
(4) Publish only content they have the necessary rights to publish.
(5) Not publish content that is illegal, violates good morals, is incompatible with the purpose and form of the platform, especially if it contradicts these General Terms and Conditions, or if publication is unreasonable for the operator for other reasons.
(6) Utilize data provided on the platform only for the purposes specified in § 3. In particular, using personal data for advertising or building competing offerings is prohibited.
(7) If a user infringes third-party rights through publications on the platform, the operator is indemnified by the user against all third-party claims. The indemnification includes necessary legal prosecution costs.
(8) In case of violation of the obligations mentioned in § 7 by the user, the operator reserves the right to suspend the user account and terminate the contract with the user extraordinarily according to § 5, paragraph 3. This does not affect any additional claims, especially for damages.
§ 8 Data Protection
(1) The operator collects, processes, and uses user data exclusively within the framework of applicable data protection laws and the purposes of the platform. Details are provided in our Privacy Policy.
(2) By storing profile data, the service provider grants the operator the right to use this possibly personal data in accordance with § 8 (1) and to make data related to offers submitted by the service provider accessible to buyer representatives to enable them to identify suitable service providers and initiate contracts.
(3) By publishing a tender, a buyer grants the operator the right to process this data and to forward data contained in the tender, which may be personal, to suitable service providers to facilitate offer submission.
§ 9 Dispute Resolution
In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement.
§ 10 Modifications to Terms and Conditions
The provider may update these terms, notifying users through the platform. Continued use implies acceptance of the changes.
§ 11 Final Provisions
If any provision of these General Terms and Conditions is invalid, the remainder of the contract remains effective. In place of the invalid provision, the relevant statutory provisions apply.