Tandemploy GmbH is a job sharing platform for employees and employers and operated by Tandemploy GmbH, Choriner Strasse 3, 10119 Berlin (hereinafter: “Provider”). The Platform can be accessed on the internet at www.tandemploy.com (hereinafter: “Platform”). The aim of the Platform is to bring together employees interested in job sharing (hereinafter: “Job Sharers”) and registered companies (hereinafter: “Customer”). Job Sharers can apply to companies as employees interested in job sharing either alone or jointly with other Job Sharers. The Provider offers Job Sharers and Customers (collectively hereinafter: “Users”) a technical opportunity to use the Platform in the context of the functionalities provided by the Provider. Job Sharers can publish contents themselves. Customers can present themselves by means of company profiles, find suitable employees through attractive job advertisements and engage in employer branding.
These GTC apply to the use of the Platform as well as all contents that can be accessed at the Platform (profiles, job advertisements, company profiles etc.) by the Customer.
Any use of the Platform shall exclusively take place on the basis of these GTC, except where deviating or supplementing agreements have been concluded between the Provider and the Customer individually in text form (Section 126b BGB [German Civil Code]). Any conflicting, supplementary or deviating terms and conditions of the Customer shall not become part of the contract, except where this is expressly agreed in written form (Section 126 BGB) between the Provider and the Customer.
In addition to use for a fee, the Provider enables restricted use of the Platform without registration. These GTC shall apply accordingly to the use without registration.
Supplementary terms and conditions may apply to individual functions or areas of the Platform. The Customer shall be made aware of such supplementary terms and conditions before the respective function or the respective service is used for the first time. By using such a function or service, the Customer declares his agreement to the respective supplementary terms and conditions and acknowledges that they shall be binding on him.
The conclusion of the contract regarding the use of the Platform generally requires prior registration of the Customer by the Provider. The contract shall be concluded at the latest upon activation of the Customer’s company profile by the Provider.
The presentation of the Provider’s contents and functions on the website or in other media of the Provider shall not represent a binding offer by the Provider. Where companies are given an opportunity to conclude a usage agreement on the Platform, they make a binding offer to conclude a usage agreement.
The Provider shall not have an obligation to conclude the contract with the Customer.
The Customer warrants that all information provided are correct and complete. In particular, no data of any third party must be provided.
The Provider shall be obligated to enable the Customer to access the Platform during the term of the contract. The Customer shall be given the opportunity to create an individual company profile and to have the Provider make job postings via the Platform.
The Provider shall provide the Customer with basic instructions in the form of a PDF file job sharing starter kit.
In consultation with the Customer, the Provider may provide PR services to the Customer.
The Provider shall owe further services only against payment on the basis of a separate agreement. Where the Provider provides additional services, they shall be paid for based on actual expenditure. In any case of doubt, the Provider’s price list as amended from time to time shall be applicable.
The Customer shall be obligated to pay the agreed remuneration on time.
The Customer shall be obligated to notify the Provider forthwith of any changes of the information he has provided.
The Customer shall ensure that the e-mail account specified by him will be available (as from the time it is specified) and that in particular the receipt of e-mail messages is not impossible or delayed due to automatic forwarding or closure/overfilling of the e-mail account.
Where the Customer is enabled to log on to the Platform himself, the Customer shall not be entitled to disclose his login data to third parties external to his company. The Customer shall be obligated to handle his login data carefully and to prevent misuse of the login data by third parties. Should the Customer suspect any misuse of his login data by a third party, he shall inform the Provider without delay.
The Customer shall refrain from any activity which is suited to impair and/or overly burden the Platform or its underlying technical infrastructure.
The Provider shall have the right to take technical measures (e.g. block access) to prevent any use that exceeds the admissible extent of usage. The Customer must not use any means intended to or able to override these technical measures.
Should any malfunction occur when using the Platform, the Customer shall inform the Provider of this without delay. The same shall apply if the Customer learns of any contents published by a third party that obviously breach applicable law or infringe the rights of a third party.
The Customer undertakes to comply with applicable laws (e.g. the German General Equal Treatment Act) and to not infringe any right of a third party (e.g. personality rights, trademark rights, copyrights or data privacy rights) when using the Platform, in particular when creating, providing or using content. The Customer in particular warrants that he has the necessary rights of use and can prove this to the Provider on request.
The Provider shall be entitled at any time to not post any content provided by the Customer or to block access to the Customer’s contents via the Platform, e.g. if it is suspected that these contents breach applicable law or infringe any right of a third party.
The Customer shall grant the Provider an irrevocable, non-exclusive and free of charge right to use the contents provided, which right shall be unlimited in time and space and as regards contents and transferable to third parties. The Provider shall be entitled at any time to use, edit and exploit the contents. This shall include in particular the right of reproduction, the right of distribution and the right of communication to the public, in particular the right of making available to the public. The Customer waives his right to be named as author.
The Provider shall retain all rights to the Platform. The Customer is prohibited from reproducing, distributing and/or publishing contents that the Provider or other Users have provided on the Platform.
The Provider reserves the right to change the services offered on the Platform or to offer different services, provided this is acceptable to the Customer.
This shall apply in particular insofar as
the Provider is obligated to establish compliance of a service offered with the laws applicable to the service, in particular if the applicable laws change;
the Provider, with this, complies with a court decision against him or a decision by a public authority;
the respective change is necessary to close an existing security hole;
the change is only advantageous to the Customer; or
the change is of a purely technical nature or has no considerable effect on the Customer.
Any change that has an insignificant influence on the overall function of the Platform shall not be a change to the services within the meaning of this Section 7. This shall in particular apply to changes only of the graphical representation or which merely concern the arrangement of the functions, provided they do not fundamentally change the overall appearance of the Platform. The Customer cannot demand individual features of the Platform to be preserved, except for features that were contractually guaranteed.
The Provider shall be entitled to amend or supplement the provisions of these GTC at any time with effect for the future, e.g. in the case of technical changes. Any amendments or supplements to these GTC shall be announced to the Customer before they take effect either by e-mail or upon logging on to the Platform, without the need to transmit the amended or supplemented provisions in detail or the new version of the terms and conditions altogether. Notification that amendments or supplements have been made shall suffice. In his announcement, the Provider shall provide a link at which the new version of the GTC altogether can be viewed.
If the Customer does not object to the amendment or supplement in text form (Section 126b BGB) within two weeks after announcement of the amendment or supplement, this shall be regarded as consent to the amendment or supplement. In his notification, the Provider shall make the Customer aware of his right of objection and the significance of the objection period. Should the Customer object, the previous version of the GTC shall remain in force. Should continuation of the contract with the previous version of the GTC be unacceptable to the Provider, he shall have the right to terminate the contract without notice, which right shall be exercised within two weeks after the exercise of the right of objection by the Customer.
The Provider strives to enable continuous operation of the Platform without malfunction. This is, naturally, limited to performance features that the Provider can influence. The Provider does not assume any liability for system-related failures, interruptions and/or malfunctions of the technical installations that are outside of the Provider’s sphere of influence and for which he is not responsible. The Provider reserves the right to restrict access to the Platform entirely or partly due to necessary maintenance work.
The Provider shall be liable without limitation in the case of wilful intent and gross negligence, if he breaches a contractually agreed guarantee and as provided for by the German Product Liability Act. In the case of ordinary negligence, the Provider shall be liable for damage caused by injury to life, body or health.
Apart from that, the following limitation of liability shall apply: In the case of ordinary negligence, the Provider shall be liable only if he breaches a material contractual obligation, the fulfilment of which enables the proper performance of the contract in the first place and compliance with which the Customer may typically rely on (material contractual obligation). As regards amount, liability for ordinary negligence shall be limited to the typical damage foreseeable at the time the contract is concluded.
This limitation of liability shall apply also for the benefit of the Provider’s vicarious agents.
The Provider shall not be liable for incorrect, faulty or incomplete information provided by Users of the Platform. Insofar, the Provider shall be authorised, but not obligated, to examine such information.
If the Customer receives login data, he shall be liable for all activities carried out using his user account. This shall not apply if the Customer is not responsible for any misuse of his user account.
The Customer shall indemnify the Provider and his employees or representatives from and against any and all third-party claims raised against them based on an alleged or actual breach of a law and/or infringement of a right of a third party caused by any act done and/or content provided by the Customer in connection with the use of the Platform. Furthermore, the Customer undertakes to reimburse the Provider for all costs which he incurs due to the assertion of such claims. Reimbursable costs shall in particular also include the costs of reasonable legal defence which the Provider incurs for the defence against such claims.
If and to the extent to which the Customer uses his user account contrary to the obligations pursuant to Section 4 or Section 5 hereof or in the case of other serious breaches of duty and in the case of justified considerable suspicion of a culpable breach of duty, the Provider shall be entitled to provisionally block the Customer’s access to the user account and to suspend the provision of further services to the Customer.
Where possible, the Customer shall be heard prior to any blocking pursuant to paragraph (1) above. Otherwise, he shall be informed immediately after such blocking.
Should the Provider learn that any third party is misusing a user account of the Customer; the Provider shall be entitled to block access to the user account so as to stop the misuse by the third party. This shall apply likewise after any notification by the Customer of indications of misuse of his user account by a third party. The Provider shall inform the Customer of this without delay and may at the same time allow the Customer to reactivate access to the respective user account by choosing new login data.
Should information in the Customer’s company profile or contents provided by the Customer no longer be up to date and should the Customer, despite a request by the Provider, fail to send an updated version within one week of the request, the Provider shall be entitled to delete these contents from the Platform. This shall not apply to information which is not likely to lead to misconception on the part of the Users about substantial characteristics of the Customer.
The Customer’s fee for the Provider’s services shall be paid annually in advance.
Should the Customer book additional services of the Provider, the respective payment shall fall due after receipt of the Provider’s relevant invoice.
Unless otherwise stated in an invoice, invoices shall be due for payment without deduction within 14 days of the invoice date.
All prices quoted by the Provider are net prices to which the applicable value-added tax shall be added. Any travel expenses shall be refunded separately against presentation of appropriate documents.
Where the price of the services offered by the Provider depends on the Customer’s number of employees, the relevant number in any case of doubt shall be the total number of all employees (irrespective of the kind of employment relationship) of the Customer plus the number of all employees (irrespective of the kind of employment relationship) of those companies for which the Customer has company profiles created or job postings provided on the Platform.
The Provider may at his discretion transmit invoices, payment reminders and dunning letters exclusively in text form.
Unless otherwise stipulated, the contract shall initially have a term of one year (minimum term). After that, the contract shall be extended each time by the minimum term, unless one of the parties terminates it at the end of the term by giving three weeks notice.
Where – e.g. for a trial period – a fee for the Provider’s services is not agreed on, the Provider may terminate the contract at any time without notice and without stating a reason.
The parties’ rights to terminate the contractual relationship without notice for an important reason shall not be affected.
For the Provider, an important reason for terminating this contract shall in particular exist if the Customer persistently breaches his obligations pursuant to Section 4 or Section 5 hereof or in the case of other serious breaches of duty.
In the event of notice of termination, the Provider may remove from the Platform the company profile, the contents provided by the Customer and all information about the Customer that is available on the Platform. The Provider shall keep the user account available for a further eight weeks and then delete it without further notice. Incoming inquiries from Users will not be forwarded.
TAny notice of termination shall only be valid if made in text form (Section 126b BGB). In addition, the Provider shall have the right to give notice of termination in the context of the login process.
Without the consent of the Provider, the Customer shall not be entitled to assign this contract to a third party in whole or in part.
The Provider shall be entitled to assign this contract with all rights and obligations to a company of his choice. Where such assignment is not to an affiliated company (Section 15 AktG [German Stock Corporation Act]), the consent of the Customer shall be required.
Any necessary consent of the Customer to the assignment of the contract shall be deemed to have been given if the Customer does not object to the assignment within two weeks after a relevant notification by the Provider. In his notification, the Provider shall make the Customer aware of his right of objection and the significance of the objection period. Should the Customer object, the contract with the Provider shall remain in force. However, the Provider shall have the right to terminate the contract without notice, which right shall be exercised within two weeks after the exercise of the right of objection by the Customer.
Where written form (Section 126 BGB) is agreed for the contractual relationship between the parties altogether, or for individual partial aspects, transmission by telecommunication of the hand-signed document, e.g. by e-mail with an attached PDF file or by telefax, shall suffice in any case of doubt. However, the receiving party shall be entitled to request transmission of the original of the document.
Unless otherwise stipulated, any notification or declaration under the contract shall at least require text form.