General Terms and Conditions

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Scope of application

a) GIGBAY AG with its headquarters at Taubenfeld 21/1 in 69123 Heidelberg-Wieblingen, Germany operates the website GIGBAY.com. The Website is a marketplace where users, who register as clients, can advertise projects and can look for and assign freelancers. The users who are registered as freelancers can post their profile, apply for published projects and offer their services for a fee. The here mentioned general terms and conditions apply between GIGBAY.com (in the following hereinafter: GIGBAY) and each registered user (hereinafter: User). GIGBAY operates a platform in which, depending on the type of account selected, various information services are provided. The specific nature of the services and the scope of the provided accounts depends on the respective booked account listed below under B.

b) In these general terms and conditions all rights, obligations, responsibilities and details of the services of GIGBAY are explained. The condition for using the services of GIGBAY is that the user agrees to these general terms and conditions. If the user accepts these general terms and conditions by checking the box when creating an account, a contract is established between the user and GIGBAY.

c) These general terms and conditions can be viewed and printed at any time on the website.

d) Registration is only permitted to legal entities, partnerships and individuals with unlimited legal capacity who are commercially active (§ 14 BGB). The offer is not addressed to consumers (§ 13 BGB) and is not available to them. The user guarantees that the person registering is legally capable and authorized to register. The registration of a legal entity may only be made by a natural person authorized to represent the company, who must be named. When registering, only individual persons may be specified as the owner of the account may be specified.

e) These general terms and conditions apply exclusively. deviating, conflicting or supplementary general terms and conditions of the terms and conditions of the user shall only become part of the contract if and to the extent that GIGBAY has expressly agreed to in writing. This consent requirement also applies if GIGBAY, with knowledge of the user's general terms and conditions, accepts the user's services without reservation.

Services of GIGBAY, establishment of the contract and registration

a) GIGBAY provides the users with a platform for contacting and communication.

b) GIGBAY is responsible for hosting and maintaining the website.

c) A contract is concluded with the successful registration of an account. This consists of a username and a password ("log-in data"). The user has the possibility after successful registration to create either a customer account or a freelancer account.

d) The user agrees not to create more than one account, unless GIGBAY gives its explicit written consent to the management of several accounts.

e) GIGBAY reserves the right to block accounts in the event that GIGBAY determines that incorrect information was provided by the user when creating the account. The user is obliged to provide correct and complete information about his identity, address, telephone number, e-mail address and qualifications. GIGBAY may in certain cases require the immediate submission of documents proving the information provided. Changes to this information must be updated immediately in the data stored by the user under " My account/my master data".

f) GIGBAY reserves the right to modify, extend, restrict or rewrite these General Terms and Conditions at any time without giving reasons, due to possible legal requirements. The user will be informed in due time before they come into force. The changed terms and conditions shall be deemed to have been accepted if the registered user does not agree to them within 7 days after receipt of the e-mail. If the user does not agree to these GIGBAY shall be entitled to a special right of termination.

g) GIGBAY is entitled to block access to specific content at any time, e.g. if the suspicion exists that these contents violate applicable law or the rights of third parties. The user has no right to maintain individual functions of the website.

h) GIGBAY endeavors to ensure trouble-free operation of the website. This is naturally limited to services over which GIGBAY has an influence. GIGBAY is at liberty to suspend access to the website due to maintenance work, capacity issues and other events beyond its control, in whole or in part, temporarily or permanently.

i) GIGBAY reserves the right to cancel member accounts of incomplete registrations after a reasonable period of time.

Obligations of the users

a) The registered user is responsible for the protection of his access data (e.g. password, e-mail, address, telephone number). The user is obligated to notify GIGBAY immediately for any third parties that have access to his access data and for any improper use of the same. GIGBAY is not liable for any damage caused to the registered user and/or the third party due to the misuse or loss of the access data.

b) A membership account is not transferable.

c) The services provided by GIGBAY may only be used for purposes that do not contravene the terms and conditions stated here or the applicable law or morality or violate the rights of third parties.

The following applies in particular:

  • Users are prohibited from disseminating racist, pornographic, violence glorifying or trivializing as well as immoral content via the information services provided. It is also prohibited to disseminate information which can endanger children or adolescents in their development or education, or which violates human dignity or any other legal interests protected by the law. Furthermore, the user may not incite to criminal acts or produce or disseminate instructions for criminal acts.
  • Insulting, harassing, defaming or threatening other users is prohibited.
  • The violation of copyrights, trademark rights or other industrial property rights of third parties is prohibited.
  • The unsolicited sending of mass messages is prohibited.
  • The users are prohibited from offering services to the users registered here that are in competition with the services mentioned here. In particular, this includes the offer of inclusion in other databases, including internal company databases.
  • Once contact has been established between the users, an actual subsequent order may only be placed via the GIGBAY website. The fees/honoraria/hourly rates accruing for this are the subject of a separate contractual relationship and not the subject of this contract.

d) If the user violates the obligations specified under § 3 d), GIGBAY is entitled to a special right of termination. The right to assert claims for damages remains reserved.

e) The user warrants that the data and information received via GIGBAY will be used only for his own purposes and will not be made available to uninvolved third parties.

Loyalty clause

a) If a contract is concluded between the users via the platform, users are obliged, during the term of the individual project contract and for twelve months after its end, not to collaborate in the same project or in a project without the participation of GIGBAY.

b) In the event of infringement, a contractual penalty shall be imposed in the amount of the expected value of the contract per case to the exclusion of the plea of continuation of the contract. GIGBAY reserves the right, in the event that the contractual penalty is given, to claim damages exceeding the contractual penalty separately.

c) In particular, the user agrees to not take part in the following cases:

  • If the user receives offers or requests from other users with whom a contractual relationship has been established via the website, the user agrees to not enter contracts in a way other than through this website, to not issue or receive invoices in a way other than through the website and to not receive payments in general by means other than the website.
  • If the user receives a request to deposit or submit an invoice or payment amount on the Website that is lower than the amount actually agreed upon, transacted or received between the users.
  • If the user receives a request to contact a third party, who is not a user of the website in order to make or receive payments other than through the website.
  • The user agrees to notify GIGBAY immediately, if another registered user suggests to him to make or receive payments other than those made or received through the Website, or if he/she is contacted unsolicited outside the Website.

d) The user acknowledges that a violation of the provisions named here constitutes a substantial violation of the terms of use, which can lead to a permanent blocking and termination of the user contract.

Further obligations of the user to cooperate

a) The User may only use his user account for the contractually agreed purposes and may not advertise for third parties. This means that the user may not use any messages with advertising content without the consent of GIGBAY (in particular: spam messages).

b) In the event that the content contains hyperlinks to third-party sites, the User warrants that he/she is authorized to use the hyperlink and that he/she guarantees the website to which the link is made ("landing page") is compatible with applicable law and the rights of third parties.

c) The user must refrain from any activity that is likely to impair the performance of the website or the technical infrastructure behind it and/or place an excessive burden on it. This includes in particular:

  • the use of software, scripts or databases in connection with the use of the website.
  • the automatic reading, blocking, overwriting, modifying, copying of data and/or other content, unless this is necessary for the proper use of the website.

d) It is also a violation of personal rights, and therefore not permissible, to disclose information from other users in private messages that are not intended for the public.

e) Should there be any disruptions in the use of the website or its functionalities, the user shall inform GIGBAY of this disruption without delay. The same applies if the user obtains information about content published by third parties that obviously violates applicable law or the rights of third parties.

Rights of use

a) The exclusion of a contract between the user and GIGBAY does not grant the user any copyright or industrial property right.

b) The website and the data, content and information made available through it may not be used in an improper manner.

c) GIGBAY grants the user of the platform a simple, non-exclusive, non-transferable to third parties and limited in time to the existence of the contractual relationship. relationship, revocable at any time, to the website and its contents, in particular to data, texts, graphics, images, films and other contents.

d) The right of use allows the user to use the website within the contractual scope of the contract. Any use beyond the contractual scope is expressly excluded.

e) In particular, the user is not permitted to modify, copy, delete, distribute, transfer, reproduce, publish, sell, distribute, license or make available to third parties, whether for a fee or free of charge, or transfer to third parties, including renting, leasing and lending, the website itself, its layout and design, the services, databases, information, documents and data. In particular, the user is also prohibited from modifying, reverse-engineering, de-compiling, disassembling, or modifying the program code of the website, or otherwise determining the source code and to produce works derived therefrom. The information and content provided through this website, the website itself and the documentation are protected by copyright laws and other intellectual property laws. The user shall observe these rights and agrees not to remove the trademarks and copyright notices either from the information, texts, data, graphics, pictures and films nor from the website itself nor from the documentation. In all other respects, §§ 69a ff of the Copyright Act shall remain unaffected.

f) GIGBAY expressly reserves the right to exclude the user in the event of a relevant violation of legal regulations and these terms of use from using the website.

g) GIGBAY expressly reserves the right to modify, remove or add to this website, its functions and features, or to add new ones, and to introduce new restrictions to the services.

h) These terms of use shall also apply to all additions to the website that are provided by the provider, unless these are the subject of a separate agreement provided with the update or the addition. GIGBAY expressly reserves the right to change these Terms of Use at any time, adapt and amend them at any time.

Charges, billing, invoicing, terms of payment

a) The user may settle invoices by means of the payment procedures offered by GIGBAY. If a fee cannot be collected, the user shall bear all the resulting costs to GIGBAY, in particular bank charges in connection with the return of direct debits and similar fees, to the degree that he is responsible for the event giving rise to the costs.

b) GIGBAY is free to transmit invoices and payment reminders exclusively by electronic means.

c) GIGBAY reserves the right to change the billing at any time from Euro to the respective national currency of the user, provided that the user does not object to this.

d) In the case of new customers who have chosen to pay by credit card, GIGBAY shall check the User's credit card by making a test booking for a very small amount and verify it for the subsequent debiting of the invoice amount after the invoice has been issued. The test booking will be released again at short notice, usually within 24 hours.

Data protection

a) The protection of personal data is very important to GIGBAY. In the declaration on data protection (insert link to data protection), the user will find detailed information on what data is collected and for what purpose it is processed, as well as information on the protection of personal data in the context of the use of GIGBAY.

b) The User shall ensure that the legal obligations to keep records are fulfilled by creating and keeping the required records, documents and copies. GIGBAY is at no time obligated to control the storage and documentation or to verify them.

Liability and indemnification

a) GIGBAY makes no guarantees or warranties of any kind regarding the suitability, fitness, availability, reliability and functionality of the website and its services as well as the data services and the data, information and documents published therewith for a specific purpose.

b) GIGBAY shall not be liable for damages of any kind, including consequential damages or any other damages resulting from the loss of use, non-existence or interruption of a communication line, unless GIGBAY has caused this.

c) GIGBAY does not accept any liability, except in the case of intent or gross negligence, for the correctness of the content, the timeliness, the absence of errors, the freedom from property rights and copyright notices, the usability and the completeness of the data, content, information and documents made available as well as for their selection.

d) GIGBAY shall also not be liable for any damage caused by errors, delays or interruptions in the transmission, in the event of malfunctions of the technical equipment, through incorrect or incomplete data provided by the user, by viruses or in any other way during the use of the website. or in any other way during the use of the website, unless GIGBAY has caused this intentionally or through gross negligence.

e) GIGBAY is only responsible for the content it has created, published and distributed itself. For contents, which can be called over hyperlinks of the website GIGBAY assumes no liability because GIGBAY has no influence on this.

f) GIGBAY does not assume any liability for insufficient internet coverage and a malfunction or interruption of the mobile telephone network.

g) In all other respects, any liability, in particular not limited to consequential damage excluded, insofar as GIGBAY is not liable under the Product Liability Act, for negligence, on account of injury to life, body or health of a person, on account of the assumption of a guarantee, on account of the malicious fraudulent concealment of a defect or because of the violation of essential contractual obligations (cardinal obligations).

h) Unless GIGBAY has caused the damage intentionally, fraudulently or by gross negligence, compensation for damages due to the breach of cardinal obligations is limited to the foreseeable damage typical for the contract.

i) The user shall indemnify GIGBAY and its employees or agents against all claims by third parties arising from alleged or actual infringement and/or violation of third-party rights by actions taken by the user in connection with the use of the website. In addition, the user is obliged to reimburse all costs incurred to GIGBAY as a result of claims by third parties. The costs to be reimbursed also include the costs of an appropriate legal defense.

Place of jurisdiction and final provisions

a) In the case of merchants within the meaning of commercial law and all other users for whom an effective agreement on the place of jurisdiction can be made, the place of jurisdiction for all for all contracts concluded with GIGBAY is Heidelberg, Germany.

b) The place of execution is the registered office of GIGBAY AG.

c) German law shall apply, except for private international law and the UN sales law incorporated into the German law.

d) If the contract should contain invalid clauses, the validity of the rest of the contract remains unaffected.

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