General Terms & Conditions for nomadswork.com
1 Scope, definitions
(1) The following general terms and conditions regulate the contractual relationship between mediakular, Stefan Leßle, Oskar-Trinks-Str.1, 69181 Leimen and companies/commercial customers as per §14 of the German Civil Code (BGB) (hereinafter referred to as “users”) for the use of the services offered on the nomadswork.com website (hereinafter referred to as the “product”).
(2) Any conflicting, deviating or additional user terms and conditions which contradict these terms and conditions do not apply. Such conditions only apply if nomadswork.com expressly agrees to them in writing.
2 Conclusion of a contractual relationship by booking a chargeable service
(1) Users can post and book job offers under the “Post Job” link; this is a chargeable service. The retrieval of a job offer is not chargeable and does not require a contractual relationship with mediakular.
(3) On the “Preview post” page, users can preview the presentation of the job offer and make changes by returning to the previous page. The representation on this page does not necessarily correspond to the visual or content representation on the website.
(4) On the “Publish” page, users will receive a cost overview, can select the desired means of payment and then, after consenting to these terms and conditions, send the order via “Pay now”.
(5) Upon completion of the ordering process, users are submitting an offer to nomadswork.com to conclude a contract for the use of the booked service on the basis of these terms and conditions. nomadswork.com can accept such an offer by requesting the user pay for the service by forwarding them to the Stripe online payment service. This results in the conclusion of a contract for the chargeable service.
3 Right of use, rights of use for user content
(1) nomadswork.com grants the user a simple, non-transferable, non-sublicensable right to use the product as intended.
(2) The intended use is based on these terms and conditions and the service descriptions on the nomadswork.com website.
(3) Users are not granted any right of ownership to the product at any time.
(4) nomadswork.com has the right to save the content posted by users in its files and/or databases. On the basis of the user agreement concluded with users, nomadswork.com also has the right to reproduce, process, disseminate, send and make the content accessible on their behalf on the nomadswork.com website and all other mediakular products and representations such as apps or listings embedded in other websites. nomadswork.com will not claim ownership of the content at any time nor will it assert any further claims for its use.
4 Fees, duration, termination, discontinuation of services, changes to these terms and conditions
(1) The product can be booked for a certain period in the mode mentioned on the offer page.
(2) The prices for the use of the product are final and include the statutory sales tax applicable at the time the product is provided.
(3) The fees are due without deduction at the beginning of the contract or, in the case of a one-off booking, when the contract is concluded. The start of the contract is when the order confirmation email is sent by nomadswork.com. Fees can be paid by credit card.
(4) The contract period is determined by the duration stated on the offer page, e.g. one month. The contract is automatically extended by the length of the original contract period booked, unless the user switches off "Auto-Renew" in the booked service at least one day before the expiry of the current term or cancels it in text form or mediakular terminates the user at least 7 days before same expiry date in text form.
(5) This does not affect the right to termination without notice for cause. Such cause exists, in particular, if there is a delay in payment of more than 35 days, the product is used contrary to copyright or subjected to any other kind of improper use.
(6) Changes to these terms and conditions will be communicated to users by email. If users do not object to such changes in text form within 2 weeks after receipt of said notice, the changes will be deemed to have been accepted. The right to object and the legal consequences of failing to do so will be specially indicated to users in any such notice. In the event of a timely objection, the original terms and conditions shall continue to apply instead.
5 User rights and duties
(2) The right to use the product may not be passed on to third parties without the prior consent of nomadswork.com in text form.
(3) User warrant that they will not misuse the product and will comply with all legal regulations, especially the laws of the Federal Republic of Germany. It would constitute a case of misuse if the product were to be used for illegal purposes, if illegal content and/or statements, in particular offensive, violence-glorifying, discriminatory or pornographic content are published, transmitted or otherwise distributed. In order to rule out improper use, users must also warrant that they are not in breach of any legal regulations or third-party rights (e.g. violation of copyright or trademarks, privacy rights or provisions prohibiting unfair competition).
(4) User activities that are aimed at rendering the services inoperable or at least making it more difficult to use are prohibited and may be prosecuted under civil and/or criminal law. In particular, measures that can influence the physical and logical structure of the services are prohibited.
(5) In the event users have misused their account, they are obliged to indemnify and hold nomadswork.com harmless from all third-party claims such as may asserted against nomadswork.com in this context. Furthermore, users will protect their accounts against unauthorised use by third parties and keep their passwords secret. Users are liable for any unauthorised use of their accounts resulting from their actions. Users shall notify nomadswork.com immediately if there is reason to suspect misuse of their account.
(6) It is the responsibility of users to secure the data on their devices via a personal password.
(7) Furthermore, users are obliged to notify nomadswork.com of any change to the address data used when placed their orders. This is done by updating their user details in their account.
6 nomadswork.com rights and obligations
(1) nomadswork.com reserves the right to disclose user information in special circumstances if it has reason to believe that its disclosure is necessary to identify, contact, or bring legal action against anyone who may be causing injury to or interference with (either intentionally or unintentionally) with the rights or property rights of nomadswork.com or whose actions are harming other users of the website or third parties.
(2) nomadswork.com will not claim any ownership of third-party content posted by users. If it becomes aware of any illegal content, it will be deleted.
(3) In the event a user is in breach of these terms and conditions or the justified suspicion of the same, nomadswork.com is entitled to exclude the respective user from the use of the product and, if necessary, to delete the content used or addressed to him immediately. nomadswork.com will send the user a warning with a reasonable deadline to respond prior to such exclusion, unless the violation is so serious that nomadswork.com cannot be expected to continue the contract with said user and has terminated the same without notice.
7 Warranty (rectification of defects) and liability
(1) nomadswork.com guarantees that the product offered in a fee-based user agreement will, when used in accordance with the contract, comply with the contractual requirements and not have any defects that prevent or reduce its use. It further guarantees the suitability and usability of the product for the intended use as well as its freedom from any third-party rights.
(2) The warranty for defects does not extend to damage caused by incorrect or negligent handling, excessive use, unsuitable operating resources, other external influences that are not assumed in the contract, or non-replicable software errors.
(3) Whether the product is used for free or on the basis of a fee-based user agreement, nomadswork.com is not responsible if access to the product is caused by malfunctions that are beyond the technical control of nomadswork.com.
(4) If the product is used for free, nomadswork.com does not make any guarantee that the product and its services will always be available or free of defects.
If the product is used as part of a fee-based user agreement and the provision of the contractual services is disturbed by circumstances for which nomadswork.com is responsible, users have the right to file a complaint with nomadswork.com. Such defects or services for which nomadswork.com is responsible will be remedied or improved without undue delay. If nomadswork.com does not provide a service in accordance with the contract even after a reasonable period to remedy the same has twice expired after a justified complaint, users may terminate the contract. In this case, any amount already charged will be credited back to the users.
(5) User claims when the product is used for free:
nomadswork.com accepts unlimited liability for damages or the reimbursement of expenses, insofar as its vicarious agents or legal representatives are guilty of wilful or grossly negligent behaviour. Any liability resulting from their slight negligence is excluded.
(6) User claims when the product is used on the basis of a fee-based agreement:
nomadswork.com accepts unlimited liability for damages or the reimbursement of expenses, insofar as its vicarious agents or legal representatives are guilty of wilful or grossly negligent behaviour as well as any claims for damages resulting from injury to life, limb, or health. In the case of slightly negligent breaches of material contractual obligations (cardinal obligations) by nomadswork.com, its legal representatives or vicarious agents, its liability is limited to the typical damages foreseeable at the time the contract was concluded, capped at a maximum of five times the annual fee. Cardinal obligations are those which must be fulfilled in order to ensure fulfilment of the contract. Furthermore, any liability for damages caused by slight negligence and for lost profits, additional personnel expenses for the customer, loss of use and/or loss of sales is excluded.
8 Final provisions
(1) For customers who are merchants or a legal entity under public law or who are a special corporation under public law or have no general place of jurisdiction in Germany or who move their registered office abroad after the conclusion of the contract or it is unknown at the time the action is brought, the place of jurisdiction for all contracts concluded under these terms and conditions shall be the court with jurisdiction for the registered office of nomadswork.com in Heidelberg.
(2) The place of performance is Leimen.
(3) German law shall apply to the contractual relationship, expressly excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(4) Customer claims can only be assigned to third parties with the consent of nomadswork.com.
(5) All agreements that are made between us and users must be in text form to be effective. Ancillary agreements made verbally are not valid.
(6) If any term or provision of the user agreement including these terms and conditions is or becomes partially or entirely invalid or illegal, the remainder of the provisions hereof shall continue in full force and effect.