freelancermap GmbH - Terms and Conditions

(State 12.09.2013)

§1 Subject matter and formation of contract

1. The freelancermap Gmbh operates under,, and, tender and representative platforms for those freelancing in IT and prospective employers (see under “Users”). freelacermap is a product of freelancermap GmbH, Pretzfelder Straße 7-11, 90425 Nürnberg.

2. A contract about the use of services on freelancermap comes into force when a user registers and signs on to the system and also during membership upgrading. By completing a user contract, the user gains access rights to freelancermap.

§2 Benefits of the data service

1. The user has the right to use the services offered by frelancermap in accordance with the following conditions.

2. The data puts information at the user’s disposal via an electronic database. Some of this information can only be viewed anonymously.

3. The data service can be accessed by the user from the freelancermap computer centre using the internet.

4. freelancermap can make no guarantee for uninterrupted support by the freelancermap services. Work that is required for maintenance and data storage in particular can lead to interruptions in the service. freelancermap is free of obligation to provide services during these time periods as well as for a reasonable delay before operation and during the follow-up time.

5. In the case of force majeure and unforeseen events such as fires, strikes, lockouts and other such situations, which are not connected to freelancermap and cause a reduction or discontinuation of freelancermap services, freelancermap is not obligated to provide services for the duration of the reduction or discontinuation. Force majeure also applies if freelancermap is forced to reduce or completely halt services due to a computer virus in the system and freelancermap cannot adequately fight against the invasion of the virus.

6. Some functions of the service are liable to charge and can only be accessed by a premium account holder.

7. Prospective employers may not have multiple active accounts when searching for or hiring freelancers. This also applies to other individuals or companies, with which the employer is directly or indirectly involved and which are under the project holder’s ownership or to whose account they have access.

8. freelancermap reserves the right to expand, change and improve its services. Further, freelancermap reserves the right to restrict services to a reasonable extent.

9. Services that freelancermap offers free of charge can be subject to closure at any time and without advance notice.

10. The closure and modification of free services, as subject to the conditions in §6, do not entitle the user to a claim for reduction, reimbursement or damages.

§3 Content of data service

1. freelancermap reserves the right to editorial freedom with reference to the layout, content and mode of its data service. In the particular interest of keeping data up-to-date and in response to general changes in the demand for information, freelancermap reserves the right to change the mode and content of the data service. These changes will not affect the contract or charged services. For the above stated reasons, freelancermap also reserves the right to change the communication methods and databanks linked to the data service.

2. The user acknowledges that information taken by freelancermap from employers and freelancers, or information entered into the system by these parties, has no connection to freelancermap and is also not reviewed by freelancermap.

3. The user confirms that trade mark rights could apply to parts of the service. The user agrees neither to remove nor change beyond recognition any copyright notes or other notices of such rights from the material in the data services. The user agrees to follow the instructions given by the copyright holder to use their material. The user acknowledges that both employers and freelancers can bar the user from accessing this information.

4. The user explicitly agrees to the processing of their details, particularly searches that the user has made to find information and also information from the user about projects that they receive, as well as entries into their profile and the forwarding of their profile.

§4 User Obligations

1. The user is obliged to use the freelancermap services appropriately. In particular, the user is obliged:

  • a. to make sure not to overload the network infrastructure, or any part of it, through excessive use;
  • b. not to misuse the accessibility options of the freelancermap service and not to enter into any unlawful acts;
  • c. to adhere to public acts and licensing requirements, as well as seeking official authorisation, insofar as it may be required for participation on the freelancermap site presently or henceforth;
  • d. to allow for the recognised basics of data security, in particular keeping passwords secret, as well as changing them promptly or to make changes to them in the event that the user suspects an unauthorised third party of having acquired knowledge of them;
  • e. to promptly notify freelancermap of any obvious defects or damage (Failure Report);
  • f. to do everything reasonably possible to help us discover the problem and its cause, or to help or speed up the elimination of the fault.

2. freelancermap is to be informed of changes of the user’s address in writing at least 30 days in advance. freelancermap accepts no responsibility for impairment of performance or defaulting on an obligation, to which freelancermap is bound by the contract made between the user and a third party, as a result of late notification of the user’s change of address.

3. Upon the user’s violation of the obligations stated in § 4 paragraph 1, freelancermap reserves the right to cancel the contractual relationship subject to indemnity claims without prior notice.

4. The user is personally responsible for all relevant permission and authorisation needed to use our service. The user must only access and receive data and information, which he/she is permitted to access under agreed stipulations. The user acknowledges that he/she – not freelancermap – is liable for any damages which result from accessing, processing or relaying anything but the data identified in the agreed contract concerning the use of services.

5. Furthermore, the user is obliged to only use the service and its information within the bounds of his/her contract and for his/her own purposes. The user agrees not to use the service for unlawful purposes or to allow its unlawful use.

6. It is also not permitted for employers to offer projects to freelancers, which run in competition with the freelancermap service, this refers in particular, but not exclusively, to offering freelancers admission to their own database, through which they can receive further offers of work through the employer.

7. Messages to freelancers must be personalised and contain a clear reference to the freelancer’s profile.

8. Open messages, multilevel marketing (MLM), sending spam messages as well as similar exploits are expressly forbidden.

§5 External links

The freelancermap portal contains links to websites that are run by other suppliers. freelancermap checks these websites when the link is posted, provided that the link is posted by freelancermap themselves, and is not responsible for any changed content in these websites. Links posted by users onto the website can only be checked at random. For these reasons, freelancermap expressly distances itself from all content of all of the linked sites and absolutely does not adopt this content as its own. This statement stands for all links posted on the site and all incorporated frames.

§6 Warranty

1. freelancermap will take all measures necessary to ensure the accuracy and reliability of our services.

2. freelancermap provides no warranty that the information contained in the data service is correct, complete or extensive.

3. Further claims to warranty, unless guaranteed characteristics have not been met, will not be considered. The conditions in § 7 remain unaffected.

§7 Liability

1. Compensation for impossibility of performance, breach of obligation other than by delay or impossibility, culpa in contrahendo and wrongful acts may not be claimed from freelancermap or vicarious agents with respect to contractual or tortious liability, as long as the claims do not concern death, injury to body or health, violation of fundamental contractual obligations (material obligations), or due to wilful or grossly negligent actions.

2. In the case of the violation of contractual obligations, freelancermap is responsible only for calculable damages, as per standard contract provisions, if it has simply been caused by negligence. This does not apply in cases of the user’s claims for compensation arising from death and injury to body and health.

3. freelancermap takes no responsibility for the completeness, accuracy or currency of data or external material accessed through the freelancermap services, nor does freelancermap guarantee that this information is exempt from third parties’ rights, and takes no responsibility as mediator.

4. freelancermap does not accept responsibility for any damages that occur when user’s information can be observed due to the technical transfer methods that are generally used by internet and network providers such as Deutsche Telekom AG.

5. freelancermap takes no responsibility for other users’ misuse of the data services. The user exempts freelancermap from any liability claims against third parties, which arise out of the accessibility of the data service to the user, or the use of the data service through the user, provided these claims do not concern an infringing act by a legal or tortious agent of freelancermap.

6. In case that a claim of compensation is not excluded by any other regulations in these terms and conditions, the compensation is limited to EUR 50.00 with injuries that occurred while using of freelancermap services, while sending and saving data or because of these actions, depending on their extent. The conditions in §7 paragraphs 1 and 3 remain unaffected by this.

7. freelancermap accepts absolutely no responsibility for any losses that the user might incur due to missing or incorrect information on the freelancermap data service.

8. The user accepts responsibility for all consequences and penalties that freelancermap and third parties come across due to misuse or unlawful use of the freelancermap service, or due to the user’s failure to fulfil his/her other obligations. The user is specifically bound, after the issue of a Failure Notice under § 4 paragraph 1e, to reimburse freelancermap for the cost of the review of facilities, if and when it transpires after the review that the user is responsible for the failure.

9. In response to offences against the prohibition in § 4 paragraph 8, freelancermap reserves the right to demand compensation from the user to the amount of the injury that has occurred and to cover the cost of repairing the damage.

§8 Terms of payment

1. The stipulated fee according to the accepted price list at any given time is payable up front in intervals of either monthly, quarterly, every half-year, every year or up to two years after registering.

2. The user must also pay fees for the access and use of freelancermap services made available through authorised third parties.

3. The stipulated payment and the sales tax charged on top of that are to be made promptly. For every dishonoured bill or rejected debit payment, the user must pay freelancermap an estimated cost to the sum of €10.00.

4. If the user claims that neither he/she nor a related third party is responsible for the bill directed at them, then he/she must provide proof.

5. The charges for freelancermap data services mentioned here do not include the use of telephone services, data networks or other such means of data transfer. It also excludes further charges or services from other independent operators, such as internet providers or network operators, e.g. Deutsche Telekom AG.

6. freelancermap can, at any time, raise charges for the data services provided to users as is commercially customary, subject to a term of four weeks in which freelancermap will announce the changes in writing.

7. The user agrees to receive bills electronically when required.

§9 Delayed payment

1. If the user fails to pay fees, freelancermap is within its rights to deny access, to charge 4% interest for delay on top of the relative bank rate of the Deutsche Bundesbank and, unless freelanermap establishes a higher interest load, end the contract without notice.

2. freelancermap reserves the right to assert further claims for late payment.

§10 Setoff and retention rights

1. Even when contractually bound to a deadline, freelancermap is not responsible for any delivery and performance delays caused by errors or failures in communication networks and gateways of internet providers or networks operators such as Deutsche Telekom AG. Such cases permit freelancermap the right to postpone deliveries, the length of which including the time it takes to deliver as well as adequate warm-up time.

2. Stopped services as a result of failures outside of freelancermap’s responsibility are not refundable. Down time will also be balanced out by prolongation of maturities. Obligations under §7 paragraphs 1 and 2 remain unaffected.

3. Set-off and retention rights are only available to the user if their claim against freelancermap is unchallenged and absolute. All withholding of payments that affect another contractual agreement is disallowed.

4. If the user breaks any terms of his/her contract with regards to use of the data service, freelancermap is entitled to prevent the user from accessing the data service or sections of it, without cancelling the user’s contractual obligation to pay for the services, and free from further claims.

§11 Use through third parties

1. In accordance with § 4 paragraph 5, the user is not entitled to divulge general or specific information about the freelancermap service to third parties or grant them use of the site, or in any such way disperse or publicise the service. These third parties are also those persons or companies in which the user participates directly or indirectly wholly owns. In violating these conditions, the user is liable to reimburse freelancermap for any further compensation claims for the cost incurred by the third party.

2. The user agrees neither to trade information about themselves, nor to commercially edit them, and not to do this for third parties.

3. If the use of freelancermaps services through a third party is expressly authorised by freelancermap, the user must accordingly instruct them in the use of the service. If the third party does not use the service, the user has no grounds for claims to reduction, reimbursement or damages against freelancermap.

4. freelancermap reserves the right to immediate termination of a contract if obligations are broken in accordance with § 11 paragraphs 1 to 3.

§12 Duration and termination of the contract

1. The contract for the use of the freelancermap data service is indefinite and is subject to notice of one month. If you don't terminate the contract, it is automatically renewed for the same billing period, being 24 months the maximum extension.

2. Either party may terminate the contract, and it must be sent in writing. Terminations via email are invalid.

3. freelancermap reserves the right, without prejudice to further claims, to terminate contracts immediately and without yielding rights to the user, if the user breaks basic contractual obligations, particularly those set out in § 11 or the obligations of payment in § 8. The same applies if the user breaks the obligations stated in § 4. freelancermap reserves the right to terminate the contract immediately if the user causes errors in freelancermap’s database or the information carriers, by his/her use of the data service.

4. Right of recourse and waivers of rights regarding freelancermap remain valid after the termination of a contract.

5. In the event of the termination of a contract, fees already paid will not be refunded. The minimum contract duration is three months.

6. The user can at any point repeal their contract’s termination (using the repeal termination function on the system). Their previous termination will then be annulled.

§13 Secrecy

Information entered into freelancermap, particularly entries into profiles, is not taken as confidential, unless clearly stated to be otherwise in writing.

§14 Right of revocation

The user may withdraw his/her contractual acceptance, which he/she has given by registering as a member with freelancermap, in writing (e.g. post, fax, email) without needing to state reasons within two weeks. The cancellation period begins when the user registers with the system, and at the point of a membership upgrade, the earliest is, however, upon receipt of the termination policy. If the user receives the termination policy after activation of his/her account, the cancellation period will be 1 month.

Sending the termination notice in good time will ensure that the contract will be terminated before the end of the cancellation period.

Terminations to be sent to:

freelancermap GmbH
Pretzfelder Straße 7-11
90425 Nürnberg
Fax: +49-40-356798806

Results of termination
After the successful termination of an account, freelancermap deletes all of the user’s details.

Special advice
The right of revocation will end prematurely if the user accesses the freelancermap services before the end of the termination period. This right to revocation is only valid for users who make use of the site as consumers within the meaning of § 13 of the German civil code.

End of termination policy

§15 Place of jurisdiction

1. Under commercial law the place of jurisdiction for businesspeople for all terminated contracts with freelancermap is Nürnberg.

§16 Final conditions

1. These general terms and conditions serve as the basis of any concluded contract with freelancermap. Users may not under any circumstances cite their own business or trade terms and conditions in order to oppose those here.

2. No party may surrender the rights they gain in this contract to another third party without previous permission from the other parties involved.

3. German law under the exclusion of the law of the international law of conflict is understood as agreed, as well as the United Nations Convention on Contracts for the International Sale of Goods (CISG).