Terms and Conditions
for the Provision of Services by Günter Didtmar Wolters, Angergasse 7, 7431 Bad Tatzmannsdorf, Austria, email: info@jobmeup.com (hereinafter referred to as “Contractor”) to its customers (hereinafter referred to as “Client”)
1. General
1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the client and the contractor in accordance with these GTC.
1.2 Insofar as, in addition to these General Terms and Conditions, further contractual documents or other terms and conditions in text or written form have become part of the contract, the provisions of these further contractual documents shall take precedence over these General Terms and Conditions in the event of a conflict.
1.3 The Contractor does not recognize any terms and conditions used by the Client that deviate from these terms and conditions, unless expressly agreed otherwise.
2. Subject matter of the contract and scope of services
2.1 The contractor shall provide the following services to the client as an independent contractor:
- Digital services within the jobmeup.com website. -
2.2 The specific scope of services is subject to individual agreements between the contractor and the client.
2.3 The contractor shall perform the contractual services with the greatest possible care and diligence in accordance with the latest standards, rules, and findings.
2.4 The contractor is obliged to provide the services owed under the contract. However, in performing his activities, he is not subject to any instructions regarding the type of service provision, the place of service provision, or the time of service provision. However, when scheduling the working days and allocating time on these days, the contractor shall determine this itself in such a way that optimum efficiency is achieved in its activities and in the realization of the subject matter of the contract. The contractor shall only provide services in consultation and coordination with the client.
3. Obligations of the client to cooperate
It is the responsibility of the client to provide the information, data, and other content required for the performance of the service in a complete and correct manner. The contractor shall not be liable to the client in any way for delays in the performance of services caused by late and necessary cooperation or assistance on the part of the client; The provisions under the heading “Liability/Indemnification” remain unaffected by this.
4. Remuneration
4.1 Remuneration shall be agreed upon in individual contracts.
4.2 Payment must be made prior to the provision of services.
4.3 After providing the services, the contractor shall provide the client with an invoice in PDF format for download. Payment is due immediately.
5. Liability / Indemnification
5.1 The contractor shall be liable without limitation for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, limb, or health, on the basis of a guarantee promise, unless otherwise agreed, or on the basis of mandatory liability. If the contractor negligently breaches an essential contractual obligation, liability shall be limited to the typical damage for the contract, unless otherwise agreed or mandatory liability applies. If the contractor negligently breaches an essential contractual obligation, liability shall be limited to the typical damage for the contract, unless otherwise agreed or mandatory liability applies. If the contractor negligently breaches an essential contractual obligation, liability shall be limited to the typical damage for the contract, unless otherwise agreed or mandatory liability applies. If the contractor negligently breaches an essential contractual obligation, liability shall be limited to the typical damage for the contract, unless otherwise stipulated or due to mandatory liability. If the contractor negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies in accordance with the preceding sentence. Essential contractual obligations are obligations that the contract imposes on the contractor according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on whose fulfillment the customer may regularly rely. proper performance of the contract in the first place and on whose compliance the customer may regularly rely. Otherwise, the contractor's liability is excluded. The above liability provisions also apply with regard to the contractor's liability for its vicarious agents and legal representatives.
5.2 The client shall indemnify the contractor against any claims by third parties asserted against the contractor due to breaches of these contractual terms and conditions or applicable law by the client.
6. Contract duration and termination
6.1 The contract term and the notice periods for ordinary termination shall be agreed individually by the parties.
6.2 The right of both parties to terminate the contract without notice for good cause remains unaffected.
6.3 Upon termination of the contract, the contractor shall immediately return or destroy all documents and other content provided to it, at the customer's discretion. The assertion of a right of retention in this regard is excluded. Electronic data must be completely deleted. This does not apply to documents and data that are subject to a longer statutory retention period, but only until the end of the respective retention period. Upon request, the contractor must confirm the deletion to the company in writing.
7. Confidentiality and data protection
7.1 The contractor shall treat all information that comes to its knowledge in connection with the order as strictly confidential. The contractor undertakes to impose the confidentiality obligation on all employees and/or third parties who have access to the contractual information. The confidentiality obligation shall remain in force indefinitely beyond the term of this contract.
7.2 The contractor undertakes to comply with all data protection regulations when executing the order, in particular the provisions of the General Data Protection Regulation and the Federal Data Protection Act.
8. Final provisions
8.1 The law of the Republic of Austria applies, excluding the CISG.
8.2 Should any provision of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
8.3 The client shall support the contractor in the performance of its contractual services by providing reasonable cooperation, where necessary. In particular, the client shall provide the contractor with the information and data necessary for the fulfillment of the contract.
8.4 If the client is a merchant, a legal entity under public law, or a special fund under public law, or if it does not have a general place of jurisdiction in Austria, the parties agree that the contractor's registered office shall be the place of jurisdiction for all disputes arising from this contractual relationship; Exclusive places of jurisdiction remain unaffected by this.
8.5 The contractor is entitled to amend these General Terms and Conditions for objectively justified reasons (e.g., changes in case law, legislation, market conditions, or business or corporate strategy) and subject to reasonable notice. Existing customers will be notified of this by email at least two weeks before the change comes into effect. If the existing customer does not object within the period specified in the notification of change, their consent to the change shall be deemed to have been given. If they object, the changes shall not take effect; in this case, the contractor shall be entitled to terminate the contract extraordinarily at the time the change takes effect. The notification of the intended change to these General Terms and Conditions shall indicate the deadline and the consequences of objection or failure to object.
9. Information on online dispute resolution / consumer arbitration
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. The provider is neither willing nor obliged to participate in consumer dispute resolution proceedings under the VSBG.
Our email address can be found in the header of these Terms and Conditions.
This text was created with the help of eRecht24.
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