General terms and conditions
§1 SCOPE OF APPLICATION
1. These terms and conditions apply to all existing and future services of MatchManao. At the latest in case of using the services the user agrees to these terms and conditions.
2. MatchManao offers a Software-as-a-Service platform for team design through detailed team reflections, matching of suitable teams and the qualified assignment of candidates or freelance experts with suitable teams.
3. A user has no claim to mediation by MatchManao from these terms and conditions. There is no obligation for Users to use team designs (team reflections, team compositions, team extensions) or other mediation services of MatchManao. MatchManao reserves the right to introduce experts (internal employees, freelancers or candidates) or companies to all projects, vacancies or applications advertised by the user at MatchManao within the scope of the selected license or booking.
4. The user is obligated to create an online profile with the relevant information in the MatchManao company portal and to send profile accesses to all team members of the relevant project teams. Involved team members of the project teams can create detailed profiles for themselves to provide the data basis for the analyses.
§2 SUBJECT MATTER OF THE CONTRACT/SCOPE OF SERVICES
1. The user can purchase individual services or licenses to use the software. Details of the respective licenses are regulated in separate license agreements between the users and MatchManao.
2. One license is for one person. These conditions can be found in the current price model, which is provided to the user in digital form. The pricing model can be viewed under Prices.Additional consulting services performed in addition to the license will be invoiced retroactively. Prices are due on the first of each month for the following month. The prices of services are determined by the respective time of the conclusion of the contract. MatchManao is reserves the right to change the Individual price lists at any time. §3 applies accordingly.
3. Team reflection
: In team reflection, team profiles are analyzed on the basis of optimal team composition of hard facts (skills), soft facts (psychology, soft and human skills), working methods, role distribution and values. The characteristics in the team are then evaluated. Also, recommendations for action will be made to finalize the team reflection.
MatchManao provides users with a questionnaire for project definition and subsequently verifies the results if required. Verifications can be carried out by experts, the mass of the community and in the long run, by software. MatchManao determines the appropriate project participants for the respective project based on the relevant criteria, requirements, skills and personality traits. The database is based on employees, candidates and / or freelancers of the users who have created a profile at MatchManao and are connected to the user. Additionally, the user can book the freelancer- or candidate pool of MatchManao. The matching results in one or more team combinations for the respective project. When selected by the user, the matching employees / freelancers / candidates receive a project briefing and are directly contacted by MatchManao so that they can decide whether they are interested in the project/job. The selection and the conclusion of the contract is solely up to the users.
MatchManao provides the users with a questionnaire to define the project and then verifies the results if required. Verifications can be done by experts, the mass of the community and in the long run, by software. Based on the corresponding criteria, requirements, skills and personality traits, MatchManao determines the suitable project participants who will optimally complement the existing team for the defined project. The database is based on employees, candidates and/or freelancers of the users who have created a profile at MatchManao and have connected to the user. In addition, the user can also book the freelancer- or candidate pool of MatchManao. The result of the matching process is one or more recommendations for an optimal addition to the existing team.
When selected by the user, the matching employees / freelancers / candidates receive the project briefing and are directly contacted by MatchManao so that they can decide whether they are interested in the project/job. The selection and the conclusion of the contract is solely up to the users.
4. Pool membership: The pool membership includes an online listing of the user in the MatchManao portal. What kind of information the user provides is up to him. However, matching with projects of other companies, is only possible after the personal questionnaire, the profession, areas and activities have been filled out. The information provided must be kept up to date and checked regularly (at least every three months).
5. MatchManao reserves the right to stop the service at any time if payments are not received in time.
Subject of the contract is exclusively the agreed activity, not the achievement of a certain economic success or the preparation of expertises or other reports. The services of MatchManao are rendered when investigations and analyses are carried out and the resulting conclusions for the user, for further use, are worked out. It is irrelevant whether or when the conclusions or recommendations are implemented.
6. Users can conclude independent contracts with freelancers within the scope of individual projects. The freelancers provide their services in their own name and on their own account as independent entrepreneurs. They alone are responsible for the timely and proper execution of the project order.
7. The usual assignments, mediated by MatchManao, include for example the development of software, corporate designs, websites or other project work. Contracts with freelance experts are only concluded directly between user and expert. Likewise, the project services rendered are invoiced directly between these two contractual partners. MatchManao provides the freelance experts with an online portal. MatchManao does not act as provider of interim services.
8. MatchManao places candidates with the client if required. For these permanent positions independent contracts are concluded with candidates. MatchManao does not act as a provider of these services and is not liable for any contractual relationships arising from this. Otherwise §9 of these terms and conditions applies.
§ 3 MODIFICATIONS
1. MatchManao is entitled to change these terms and conditions including all attachments, price lists and bookings at any time. If the user does not object to these changes within 2 weeks after notification of changes, these changes become an effective part of the contract. If the user objects, MatchManao is entitled to terminate the existing contract within 2 weeks. If MatchManao does not terminate the contract, it will continue to exist under the old conditions.
2. Subsequent changes and amendments of the contract between users and MatchManao or of the essential evaluation results require text form to become effective. This also applies to the waiver of this formal requirement. The precedence of the individual agreement according to § 305b BGB remains unaffected. Protocols of meetings and the project status will apply, if they are confirmed in text form by the authorized representatives of both parties.
3. MatchManao is obliged to execute subsequent requests for changes by the users, if this is possible without additional costs or postponement of dates. Otherwise MatchManao will inform the user within 14 days about the details of the necessary additional effort. If the user does not confirm the change in writing within 14 days, the request for change is considered as cancelled.
§ 4 CONFIDENTIALITY, DATA PROTECTION
MatchManao is obligated to maintain secrecy about all business or user-related facts which become known in connection with the execution of the order, even after termination of the contractual relationship. Without the written consent of the user MatchManao is not allowed to pass them on to third parties or use them for its own purposes. This also applies to written statements, especially order-related reports or recommendations. MatchManao is authorized to process or have processed by third parties the entrusted personal data within the scope of the purpose of the order in compliance with the data protection regulations.
§ 5 USER OBLIGATION TO COOPERATE
1. The user is obliged to support MatchManao and the freelancers, talents or employees in the project implementation to the best of his ability and to create all necessary conditions in their sphere of operation for the proper execution of the order.
2. To name and maintain a responsible contact person for the duration of the project for the assigned expert and MatchManao it is pointed out that a change/exchange of persons in calculated project teams/group constellations can influence the fitting accuracy of the matching or make it unnecessary.
3. The user must comply with the legal regulations and use the services of MatchManao properly.
4. Access possibilities to the offered services must be used according to the duty of care. the user must consider abuse by internal or third parties and official regulations. A use by third parties is only allowed as far as this is stipulated in the individual contract.
5. Defects must be reported to MatchManao immediately in order to enable a quick detection and removal by MatchManao.
6. Violations against the regulations of §5 entitle MatchManao to immediate termination without notice.
§ 6 TERMS OF PAYMENT
1. All claims are due upon invoicing and are payable immediately without deductions. The statutory value added tax is to be added to all price quotations and shown separately in the invoice. Several clients (natural and/or legal persons) are jointly and severally liable.
2. If there is a complete or partial delay of payment of at least 2 accounting periods MatchManao is entitled to block accounts, to remove data from online offers and to demand immediate payment of all outstanding debts. In this case there is also a right to terminate the contract without notice.
§ 7 ASSURANCE OF SERVICES
1. MatchManao carries out all work with the utmost care and always based on the individual situation and the needs of the users.
2. Data provided by third parties or users are only checked for plausibility. MatchManao especially does not guarantee for information provided or checked by the user. Conclusions and recommendations derived from investigations are made to the best of our knowledge and according to the accepted rules of science and practice. The presentation of the recommendations is made in a comprehensible and understandable way.
3. MatchManao guarantees the employment of properly trained employees with the necessary expertise and for their continuous supervision and control during the execution of the order.
4. The user acknowledges that a 100% availability of the offered services (website, software, algorithm) is technically not realizable. However, MatchManao makes every effort to keep all services as constantly available as possible. Especially maintenance, security or capacity issues as well as events beyond MatchManao’s control (such as disruptions of public communication networks, power failures etc.) may lead to disruptions or temporary suspension of the service on the website. If certain services are no longer hosted by MatchManao, MatchManao does not guarantee the availability of these services.
§ 8 LIABILITY
1. MatchManao is liable to the users, regardless of the legal ground, for damages caused by MatchManao or its employees intentionally or grossly negligent. A liability for slight negligence exists only in case of violation of essential contractual obligations. In this case liability for atypical damages is excluded. For a single case of damage it is limited to the value of the annual license, maximum 50.000,- EUR. An individual case of damage is the sum of the claims for damages of all entitled persons, which result from a single, chronologically connected service. In case of a foreseeable substantially higher risk of damage MatchManao is obliged to offer the users a higher liability sum, whereby MatchManao can adjust its remuneration accordingly.
2. The limitations of liability apply analogously also in favour of the representatives and vicarious agents.
3. MatchManao is not liable for damages resulting from later contractual relationships between the users.
4. The user assures that he is the owner of all rights and the data he has brought in. Furthermore, he assures that he is authorized to transfer all rights which are necessary for the conclusion of the contract or the provision of the service by MatchManao. In case users, internal applicants, employees, freelancers or other third parties bring their own data into the pool, the user is obliged to ensure that these participants have given all necessary permissions.
5. The user is liable for all infringements and claims which arise from the illegal use of the services of MatchManao.
6. A possible liability according to the product liability law and for bodily injury remains unaffected. Contractual claims for damages of the users against MatchManao are subject to a limitation period of two years from the date of origin.
§ 9 PROTECTION OF INTELLECTUAL PROPERTY
1. The user guarantees that the reports, organization charts, drafts, drawings, lists and calculations produced within the scope of the order are only used for his own purposes and are not published without express consent in individual cases. The use of the consulting services provided for companies affiliated with the users requires a separate written agreement.
2. As far as evaluation results are copyrightable, MatchManao remains the author. In these cases the user receives only the right of use of the evaluation results, which is limited by paragraph 1 sentence 1, otherwise unlimited in time and place, irrevocable, exclusive and non-transferable.
§ 10 DEFAULT OF ACCEPTANCE, FAILURE TO COOPERATE
If the user is in delay with the acceptance of the services or if the user fails to cooperate despite reminder and setting of a deadline, MatchManao is entitled to terminate the contract without notice. Irrespective of the assertion of this right of termination MatchManao is entitled to compensation for damages or additional expenses caused by the delay or the failure to cooperate.
§ 11 OBLIGATION OF LOYALTY AND LIABILITY OF USERS
1. The parties commit themselves to mutual loyalty.
2. The parties are obliged to consider data protection principles.
3. The user is liable for all damages, which MatchManao and its employees or customers or other contractual partners suffer through him or his employees and assistants, or through objects brought in by him or on his behalf by third parties for the fulfilment of the contract. This liability also includes consequential damages.
4. The user is liable for all infringements of rights and claims of MatchManao and third parties, which result from or in connection with the illegal use of a service of MatchManao. The liability is not limited to the use by the user himself or his vicarious agents.
§ 12 FORCE MAJEURE
Events of force majeure, which make performance considerably more difficult or temporarily impossible, shall entitle the respective party to postpone the performance of its services for the duration of the hindrance and a reasonable start-up period. Industrial disputes and similar circumstances shall be deemed equivalent to force majeure insofar as they are unforeseeable, serious and not caused by any fault. The parties shall inform each other immediately of the occurrence of such circumstances.
§ 13 TERMINATION
1. the contract can be terminated at any time for good cause without notice, otherwise with a notice period of 15 days to the end of the month. The termination must be in writing to be effective. In the event of termination, the User shall compensate for the damage caused by expenses incurred in connection with the order volume.
2. licenses or individual orders in execution at the time of termination shall be completed in accordance with the provisions of these agreements, unless otherwise agreed in a contract.
§ 14 RIGHTS OF RETENTION AND SAFEKEEPING
1. Until full settlement of its claims MatchManao has a right of retention of the documents provided to it, the exercise of which is, however, contrary to good faith, if the retention of the user would cause disproportionately high damage which cannot be justified when weighing the interests of both parties.
2. After settlement of the claims arising from the contract MatchManao has to hand over all documents which the user or a third party has handed over to MatchManao for the execution of the order. This does not apply to the correspondence between the parties and for simple copies of the reports, organization charts, drawings, lists, calculations etc. made within the scope of the order, provided the user has received the originals.
3. The obligation of MatchManao to retain the documents expires six months after the delivery of the written request for collection, otherwise three years, in case of documents retained according to paragraph 1 five years, after termination of the contractual relationship.
§ 15 OTHER / MISC
1. These general terms and conditions of business take precedence over all business and purchasing conditions of the users.
2. Rights from contractual relationships with MatchManao may only be assigned after prior written consent of MatchManao.
3. The law of the Federal Republic of Germany applies exclusively to all claims arising from the contract under exclusion of international private law. Changes and amendments of these terms and conditions and the offers of MatchManao require text form and must be explicitly marked as such. This also applies to the waiver of this formal requirement itself. The precedence of the individual agreement according to § 305b BGB remains unaffected.
4. In addition, the German copyright and data protection law applies.
5. If regulations of these general terms and conditions or of the offers of MatchManaos are or become completely or partially ineffective or impracticable, the remaining regulations are not affected. The contracting parties are obliged to replace the invalid/impracticable provision from the beginning of its invalidity/impracticability by a provision which is as similar as possible in economic terms, taking into account the interests of both parties. If the invalidity of a provision is based on a measure, a performance or time, the legally permissible measure shall be deemed agreed. The same applies to loopholes.
6. The place of jurisdiction for all disputes arising directly or indirectly from this contractual relationship is the registered office of MatchManao, if the order was placed by a registered trader in the context of his trade, a legal entity under public law or a special fund under public law.
7. In the event of any conflict between the English and German or other language text on this website and in the Terms and Conditions (including the Individual Agreements and licenses), the German text shall prevail.
current version: 03/18/2020