applicable
to the utilisation of job placement services offered by e-match internet services,
hereinafter referred to as the placement agent, at the following internet
address: http://www.expertist.net by a freelance or employed expert who is
placed via the placement agent’s internet services and who is hereinafter
referred to as the expert.
(1) At the afore-mentioned
internet address, the placement agent offers the placement of experts from
various fields of knowledge and with different skills to third parties,
hereinafter referred to as persons seeking experts. Experts are placed via a selection of search criteria. The placement may be described as follows: a
person seeking an expert will select the criteria which he expects from the
expert being sought and will then commence the search after entry of the required
search criteria. Prior to conclusion of
any contract, the person seeking an expert may then immediately and online on
the placement agent’s homepage http://www.expertist.net
view all data pertaining to the expert, except for those key data, which would
enable an identification of the expert.
The search may be continued for any length of time, provided that
interruptions do not exceed a period of 15 minutes.
(2)
Upon registration, an expert shall be given the opportunity to present
his profile of qualifications in detail on the placement agent’s homepage
in order to advertise it to the general public.
(3)
During data collection, the expert will be given the opportunity to
select freely a password as well as a password aid, which will enable him to amend
the password. The expert will only be
able to change or amend data with the use of his password.
(1) The
contract shall come into force after completion and entry of the placement agent’s
registration form on the latter’s afore-mentioned homepage by the expert. There is no need for a separate order
confirmation by the placement agent.
(1)
On conclusion of the contract, the placement agent undertakes vis-à-vis the expert
to include his details on the placement agent’s afore-mentioned webpage.
(2)
The placement agent shall
ensure permanent availability of his online placement services subject to
technical facilities at any one time.
The placement agent shall
not be responsible for any technical problems affecting availability outside
his sphere of influence. This proviso
shall apply, in particular, if services are restricted or if they need to be
totally closed down due to a computer virus within the placement agent’s system, and if the placement agent had been
unable to take prior and adequate steps to protect against such a computer
virus. This clause shall also apply to
any strike, lockout and any other operational problems outside the placement agent’s scope of influence as well as to any
incidents of force majeure.
(3)
Work which needs to be performed for maintenance and data storage
purposes may cause interruptions. The placement agent shall be
exempt from his duty to provide a service for the duration of such
interruptions.
(4)
The placement agent shall
reserve the right to engage in continuous product development and adjustment to
technical opportunities and innovations to improve his placement services. This proviso shall also apply to any
editorial or content changes.
(5)
The placement agent
undertakes only to use the expert’s data within the context of his internet
services. This shall not affect any
use for internal purposes by the placement agent. The placement agent undertakes to obtain a declaration of confidentiality from his
staff in respect of any data pertaining to the expert, which are not generally
available.
(1)
The expert undertakes to pay the placement agent a fee based on the
price list in force at the time of conclusion of the contract in respect of the
placement agent’s placement services. Payment shall be effected via the
internet. The fee in accordance with
para. 1 shall be due upon inclusion of the expert in the placement agent’s internet services register.
(2)
The expert undertakes to enter all necessary data in the placement agent’s internet services register. The expert undertakes only to use the internet
service of the person seeking an expert for contractually agreed purposes. In
particular, he undertakes to do the following:
a)
to enter only requested data in the entry mask, and in particular, to
refrain from entering any data enabling the expert’s identification in
generally accessible fields,
b)
to confirm the accuracy of his data,
c)
to correct immediately any changes concerning his details in the placement agent’s internet services,
d)
to keep confidential his password and password aid and to make immediate
changes, if it is suspected that an unauthorized third party has obtained
knowledge thereof,
e)
to take any steps intended to identify any deficiencies and damage and any
cause thereof or to facilitate any remedy thereof,
f)
to refrain from using the placement agent’s
internet services for any unlawful acts, and in particular, not to infringe any
third party rights,
g) to refrain from
misusing the data protocol.
h) to ensure that
the network structure is not overloaded
The
placement agent
shall not be liable for any information and advice given by the placed experts
on the afore-mentioned homepage and/or otherwise provided to the person seeking
an expert. Information relating to
experts on the placement agent’s homepage is exclusively provided in the experts’ own interest
and with their sole responsibility. In
particular, the placement agent shall not be responsible for the accuracy of information supplied
by experts on his homepage. The placement agent is unable to verify those
details and shall not verify them, unless he is legally required to do so. This
proviso shall also apply to any details concerning the fact as to whether
experts actually engage in activities stated by them and/or whether they are
capable of engaging in such activities.
Experts shall assume sole responsibility for any advice given by
them. Any shortcomings in this respect
shall be exclusively dealt with within the relationship between the expert and
the person seeking an expert.
(1)
The expert shall exempt the placement agent from any
third party claims, which the latter may assert and/or have asserted against
the placement agent on the basis of information
provided by the expert on the placement agent’s
homepage.
(2)
This proviso shall not rule out any further claims for damages by the placement agent on the expert.
The expert shall be liable for any damage arising out of an infringement
of his contractual duties under the general terms of contract.
(1)
As a matter of principle, the placement agent has no
right to access the consultant’s data.
(1)
The contract shall run for a minimum period of one year and shall be
extended by one year at a time, provided that the expert has renewed his membership
by effecting an online payment of his membership fee prior to the end of the
current contractual year.
(2)
The placement agent and the
expert shall be entitled to give extraordinary notice to terminate the contract
for an important reason. An important
reason exists, in particular, if the expert violates his obligations arising
under no. V. section. (2) letters a) to h).
No partial refunds of fees shall be made.
(3) The
placement services shall be offered in accordance with these General Terms of
Business for as long as the placement agent’s homepage is open.
(4) On
termination of the contract, the placement agent shall
without delay delete the expert’s data on his homepage.
(1)
The order, the execution thereof and any claims arising thereunder shall
be exclusively subject to German law.
(2) The exclusive place of
jurisdiction in respect of any decision relating to any disputes arising under
this contract shall be Berlin – Mitte.
The validity of all remaining provisions shall not be affected, if one
provision within these General Terms of Business is or becomes invalid. The invalid provision shall be replaced by
a valid one closest to the desired effect.
Berlin, dated
01 July 2000
applicable
to the utilisation of job placement services offered by e-match internet
services, hereinafter referred to as the placement agent, at the following internet
address: http://www.expertist.net by a user of these internet services,
hereinafter referred to as the person seeking an expert.
These General Terms of Business shall apply to all
contracts concluded between the placement agent and the person seeking an
expert, which come into force on the basis of an order by the person seeking an
expert on the placement agent’s form, which may be called up at the
afore-mentioned internet address. Any
terms of business of persons seeking an expert, which are different or contrary
to the above terms, shall not be recognized. The following terms of business
shall also apply to all future business relations, even if they are not
expressly agreed once more.
(1) At the afore-mentioned internet address,
the placement agent offers the placement of experts from various fields of
knowledge and with different skills.
Experts are placed via a selection of search criteria. The placement may be described as follows: a
person seeking an expert will select and enter the criteria, which he expects
from the expert being sought. Prior to
conclusion of any contract, the person seeking an expert may then immediately
and online, on the placement agent’s homepage, view all data pertaining to the
expert, except for those key data, which would enable an identification of the
expert. The search may be continued for
any length of time, provided that interruptions do not exceed a period of 15
minutes.
(2)
The contract will only come into force when the person seeking an expert
has entered his credit card number and asked for a concrete search result to be
displayed, i.e. for the expert’s personal data to be shown. There is no need for a separate order confirmation
from the placement agent.
No right of
cancellation exists, as the placement agent fulfils the contract immediately
following conclusion of the contract.
(1)
The person seeking an expert shall pay the placement agent a fee based
on the price list valid at any one time in respect of the placement agent’s
placement services. The price list may
be viewed on the placement agent’s homepage.
(2) Payment shall be effected by credit card
via the internet.
(3)
In accordance with para. 1, the fee shall be due on conclusion of the
contract.
(1)
The person seeking an expert is not entitled to disclose to any third
party any data not generally accessible.
A third party shall also be any company in which the person seeking an
expert has a direct or indirect interest.
(2)
The person seeking an expert is expressly forbidden to trade in and/or
process for commercial purposes any data not generally accessible.
In the event of
any shortcomings in the services of the placement agent in accordance with this
contract, persons seeking experts are advised to contact the following
immediately:
>eXpertist.net<
attn.: Mr.
Bieber
Pücklerstr. 16
D-10999 Berlin
Germany
Telephone:
0049/ (0)30/ 61 65 61 24
Fax:: 0049/
(0)30/ 61 66 09 17
e-Mail: info@expertist.net
Failure to advise any shortcomings without delay shall
prevent the person seeking an expert from retroactively relying on such a
shortcoming.
(1)
The placement agent does not personally provide any advice or information
exceeding his placement services described under II. and IV. (1) above.
(2)
The placement agent shall not
be liable for any services provided in any way by the placed experts to the
person seeking an expert. Information
relating to experts on the placement agent’s homepage is exclusively provided
in the experts’ own interest and with their sole responsibility. In particular, the placement agent shall not
be responsible for the accuracy of information supplied by experts on his
homepage. The placement agent is unable
to verify those details and shall not verify them, unless he is legally
required to do so. This proviso shall also apply to any details concerning the
fact as to whether experts actually engage in activities stated by them and/or
whether they are capable of engaging in such activities. Experts shall assume sole responsibility for
any advice given by them. Any
shortcomings in this respect shall be exclusively dealt with within the
relationship between the expert and the person seeking an expert.
(3)
The placement agent shall
not be responsible for any technical problems affecting availability outside
his sphere of influence. This proviso
shall apply, in particular, if services are restricted or if they need to be totally
closed down due to a computer virus within the placement agent’s system, and if the placement agent had been
unable to take prior and adequate steps to protect against such a computer
virus. This clause shall also apply to
any strike, lockout and any other operational problems outside the placement agent’s scope of influence as well as to any
incidents of force majeure.
(4)
Work which needs to be performed for maintenance and data storage
purposes may cause interruptions. The placement agent shall
not be liable for the duration of such interruptions.
The placement services shall be offered in accordance
with these General Terms of Business for as long as the placement agent’s
homepage is open.
(1)
The order, the execution thereof and any claims arising thereunder shall
be exclusively subject to German law.
(2) The
exclusive place of jurisdiction in respect of any decision relating to any
disputes arising under this contract shall be Berlin – Mitte.
The validity of all remaining provisions shall not be affected, if one
provision within these General Terms of Business is or becomes invalid. The invalid provision shall be replaced by a
valid one closest to the desired effect.
Berlin, dated
01 March 2002
Entry and
storage of expert profiles is free of charge during the initial phase.
The privacy protection fee for the display of the experts’ personal and
address data is 10 € plus 16 % VAT per expert.
The total
amount of the protection fee is listed in the invoice before ordering.