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General Terms and Conditions

These General Terms and Conditions (“GTC”) apply for the users of the platform (applications & services) operated by Norbert Tank under the domain name “www.my-availability.com” as well as other Top-Level-Domains and Sub-Domains.

Norbert Tank (hereinafter referred to as “Provider”) is authorized to alter these GTC with appropriate prior notice. The provider is only permitted to do so if the alteration is reasonable whilst taking the user’s interests into account. The Provider shall inform the user in written form about the alterations at least eight (8) weeks before they become effective. Should the user not consent to these alterations, the user is entitled to object. In the notice of alteration, the Provider will also inform the user of his/her right to object as well as to the fact that the alteration is deemed approved if it is not objected to within a period of four (4) weeks upon receipt of the notice of alteration in written form (e.g. via post, e-Mail or fax).

 

§ 1 Subject Matter

(1) The provider provides registered users (interim managers and freelancers) an Internet platform for managing, maintaining and reporting availability and CVs. The availability registered in the interim manager or freelancers’ user profiles (this is composed of a date and a number of available days per week or per month) are then transmitted to participating interim management providers, agents and agencies. In addition, the user has the option of attaching his/her current CV to the availability notice. The offer provided by my-availability.com is aimed at natural persons or legal entities under public law or partnerships with legal capacity in sense of § 14 of the German Civil Code (BGB).
(2) The Provider reserves the right to adjust the offer to technical progress as well as new legal circumstances. In this context, existing functions can be modified or extended, also including the restriction and switching off or outdated functions. Whereas in such cases, the users’ interests shall be taken into consideration.

 

§ 2 Registration and Verification

(1) Registration is required to create a user profile and to enter the current availability and submission of CV. The registration is free of charge. For this purpose, the users (Interim Managers and Freelancers) must completely and truthfully fill in the specified mandatory fields, enter a valid e-Mail address and create a password to secure their accounts/user profiles.

(2) The registration can only be completed and transmitted if the user has checked the box “I accept the General Terms & Conditions and the Information concerning data protection”.

(3) With the completion of this first-time registration on the website, the user yields a binding offer to conclude a contract for the website’s use. After registration is complete, the user will receive a confirmation e-Mail to his/her given e-Mail address. The transmission of this confirmation e-mail represents the offer’s acceptance to conclude a contract to use the platform within the context of a free membership.

(4) The confirmation e-mail contains a link that the user must click on to confirm his/her registration on the platform and thus, activate his/her user profile.

(5) The Provider is entitled to refuse, for any reason, the offer of a user to enter into a contract to use the platform. A right to enter into a contract to use the platform does not exist. The Provider reserves the right, at any time and without notice, to revoke the authorization of a user without giving reasons; particularly due to incorrect information stated during registration and in the event of misuse of the platform.

(6) The use of the platform is free of charge for Interim Managers and Freelancers, however, certain contents or functions are only available within the context of a paid membership. The user shall be informed separately in regard to the remunerated content or functionality. For interim management providers, agents and agencies, the service - transmission of current availability and CVs of Interim Managers and Freelancers - is fee-based. To be able to use the service of my-availability.com, interim management providers, agents and agencies must submit their application for membership in writing (for example, by mail, e-mail or fax or contact form).

(7) For fee-based booking of a membership or use of other paid services, the users (Interim Managers and Freelancers) may select between two different payment options in their user profile, and by selecting “Book at cost”, purchase a remunerated membership or fee-based service, respectively. Before booking a remunerated membership or fee-based services, a user can view his/her data at any time and change and cancel the reservation at any time via the “Back" button of his/her browser or by closing the booking form that opens in a separate pop-up window. After registration is complete, the user will receive a confirmation e-Mail to his/her given e-Mail address. The transmission of this confirmation e-mail represents the offer’s acceptance to conclude a fee-based contract to use the platform.

(8) The Provider will not store the wording of a contract. Depending on the user-selected language, the German or English languages are exclusively available for concluding the contract.

(9) The user (Interim Managers and Freelancers) is personally responsible for updating any changes of the registration data. The user ensures that he/she is of legal age and full legal capacity. In the event that the user is working for a legal person, the user warrants to be authorized to act on behalf of that legal person. Upon request by the provider, the user shall submit proof for the information as warranted above.

(10) The Provider cannot technically determine, whether a user, who is registered on my-availability.com, is in fact the person who he/she claims to be. Therefore, the Provider provides no guarantee of a user’s actual identity.

(11) The Provider only offers an internet platform to transmit the users’ (Interim Managers and Freelancers) current notices of availability and CVs to interim management providers, agents and agencies. The Provider is neither involved in the communication between Interim Managers or Freelancers and interim management providers, agents and agencies, nor in the contract that has been closed amongst the parties. Consequently, the provider assumes no liability for any breaches of duty, resulting from the contract concluded between the users (Interim Managers and Freelancers) and the interim management providers, agents and agencies.

(12) That a user acknowledges an availability of the offer to 100%, cannot be technically realized by my-availability.com. However, the Provider shall strive to keep the offer on my-availability.com as constantly available as possible. In particular, maintenance, security or capacity concerns as well as events, which are in the Provider’s area of control, could lead to brief disruptions or to temporary suspension of services.

 

 

§ 3 Users’ Obligations

(1) The users (Interim Managers, Freelancers, Interim Management Providers, Agents and Agencies) are obligated

(1.1) to exclusively publish truthful information and content and to keep this data true and complete throughout the entire service life;

(1.2) to not publish unlawful content or content that breaches third-party rights;

(1.3) to ensure that any public disclosure of content made available by them (especially photos and logos.) is legally permitted;

(1.4) to publish only serious content and to only send serious contact requests;

(1.5) to refrain from any unreasonable harassment of other users, particularly with spam and entering into or promoting anti-competitive activities, including progressive customer acquisition (as chain systems, multi-level selling or pyramid sales);

(1.6) to use information, obtained in the form of requests or from published content, exclusively for the management of own stores; in particular is further exploitation, regardless of the purpose, not permitted; any breach of the aforementioned will entitle the Provider to compensation;

(1.7) to refrain from any activity that may likely impair the infrastructure functionality of my-availability.com, especially by overloading its capacities.

(1.8) to observe the rules of use.

(2) The user shall keep his selected password secret. The Provider will not release the password to third parties and at no time, will the provider ask for the password. For security reasons and to prevent misuse, it is recommended to the user to change his/her password at regular intervals.

(3) The Provider is entitled to remove illegal content from my-availability.com’s offer without notice.

(4) When the user (Interim Manager and Freelancer) submits his/her contact data or CV for the first time to one or more interim management providers, agents and agencies, the Interim Manager and Freelancer grants the interim management providers, agents and agencies the right to use and store this data (personal data and CV) in their data bases. The user (Interim Manager and Freelancer) has no claim to be included in the data bases of the interim Management Provider, Agent and Agency. 

§ 4 Membership and Fee-Based Services

(1) The Provider offers the user (Interim Manager und Freelancer) fee-based service packages (memberships) as a subscription. After successful conclusion of a membership, the membership is automatically renewed according to the selected invoicing period, should the membership not be terminated on time. The scope and costs of membership as well as periods of notice and upgrade options are dependent upon the membership selected and fee schedule valid at the time the contract was concluded. The details can be found on my-availability.com.

(2) The offer of my-availability.com also includes services with specified durations as well as services at a fixed price. These services are not connected to a membership and require no notice of termination.

(3) The fees for interim management providers, agents and agencies who take advantage of the services - the transmission of current availability and CVs of Interim Managers and Freelancers - are separately regulated in a contract.

§ 5 Terms of Payment

(These apply for Interim Managers, Freelancers and interim management providers, agents and agencies)

(1) The fees for use of the offer from my-availability.com are immediately due for payment. The user can pay invoices by means of the payment options offered by my-availability.com during the ordering process.

(2) The user can authorize a SEPA Direct Debit. The term for the pre-notification is at least one day prior to debiting the amount due. The user assures that the account is sufficiently funded.

(3) The user can also select the option of credit card payment.

(4) In the event that remuneration cannot take place due to a lack of funds in the account designated by the user, the user will carry all occurring costs, particularly any bank fees connected with the return of debit entries and similar fees with a lump sum of 10,00 Euros. This amount, together with the outstanding accounts receivable, is due for immediate payment. The user is allowed to prove that no damage or only minor damage was incurred to the Provider.

(5) The Provider shall transmit the invoices for the usage fees for the offer from my-availability.com via e-Mail and makes these available in the respective user profiles of the interim Managers or Freelancers.

 

 § 6 Termination (not applicable to the Provider)

(1) the free membership can be terminated by either party at any time without notice and without statement of reason. Upon termination of the free membership, the Provider will delete the user’s profile on my-availability.com.

(2) Each fee-based membership can be properly terminated by either party, subject to the term valid for the respective membership period, without giving a reason. The termination of the fee-based membership must be submitted in writing (e.g. via post, e-Mail, fax or the contact form). The notice period is four weeks to the end of the current invoicing period. In the case of memberships with an invoicing period of one month, the notice period is reduced to fourteen (14) days.

(3) The Provider also has the right to terminate the fee-based membership for good reason, without complying with the respective terms of notice. A good reason particularly includes insolvency, filing for insolvency, misrepresentation concerning significant facts or breach of essential contractual obligations.

 

§ 7 Warranty and Liability

(1) The Provider does not warrant the information as reproduced and stated by the users. In a contract between users, the Provider is not liable for a breach of duty of one user against another user.

(2) Should the Provider be liable according to statutory provisions, the following shall apply:

(2.1) Claims by the user for damages are excluded. This excludes the user’s claims for damages from injury to life, limb, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on malicious or grossly negligent breach of duty by the Provider, his legal representatives or agents. Essential contractual obligations are such, in which performance is necessary to achieve the objective of the contract.

(2.2)  In the breach of contractual obligations, the Provider is only liable for typical, foreseeable damage if this was simply caused through negligence, unless there are damage claims by the user from an injury to life, limb or health.

(2.3) The restrictions of para. 1 and 2 also apply to the Provider’s legal representatives and agents, if claims are made directly against them.

(2.4) The provisions of the Product Liability Act remain unaffected.

§ 8 Content-Related Responsibility and Indemnity

(1) The Provider accepts no liability for user-generated content. The Provider is entitled to decline publishing any content without giving reasons.

(2) The Provider shall not review whether the content published by the user violates the rights of any third parties. The user is responsible for the lawfulness of any content posted by him as well as for the fact that the content does not violate any third party rights, particularly in regard to copyright, competition and criminal law.

(3) The user herewith indemnifies the Provider from any and all third party claims based on a violation of their rights through the contents posted by the user.

(4) The Provider is entitled to temporarily or permanently block any content set on the platform, to take down from the network, or to change the content so that it no longer violates the rights of third parties or to submit the required declarations to cease and desist, if the Provider has been confronted by third parties with cease and desist claims for content set on the platform by the user.

 

§ 9 Data Protection

The data privacy statement from my-availability.com or the Provider, respectively, applies in their respective valid version.

 

§ 10 Final Provisions

(1) Changes and addendums to contracts, including an amendment of this clause, must be in writing. Additional verbal agreements do not exist.

(2) The user’s General Contract Terms are not an integral part of this contract. Should the user place an order with reference to his/her own respective general contract terms, these terms shall only become an integral part of the contract, if the Provider has given prior written confirmation.

(3) Should individual provisions of contracts be or become invalid, the validity of the remaining provisions shall not be affected. The parties hereby agree to replace the invalid provision with a valid provision that comes closest to the intended sense and economic purpose of the invalid provision, considering the parties’ interests expressed in the contract.

(4) Place of fulfillment is the Provider’s Headquarters. Sole jurisdiction for any and all disputes between the parties, arising from the contractual relationship, is Elmshorn, Germany; as far as the the user is a merchant, legal person under public law or a public law special fund. The contractual relationship and all legal relationships derived therefrom are governed exclusively by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

 

 

Stand: 06. September 2017

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