General Terms and conditions
For business relationships between ExecuPers GmbH, Am Flughafen 11, D-79108 Freiburg (hereinafter "ExecuPers") and the customer, the following General Terms and Conditions of Business (GTC) apply in their version at the time of the order. ExecuPers does not recognize any other customer terms and conditions, subject to the prior express in written consent of ExecuPers.
ExecuPers provides the customer with a platform for the worldwide placement of pilots via the websites of ExecuPers. If the customer is an employer, he can publish his vacant job offers on the ExecuPers website. If the customer is a worker, he or she can post their candidate data on the ExecuPers website. An actual employment agency is not owed. In that regard, ExecuPers is only a service provider for the publication of job offers and job applications.
3. Bookable offers
The customer can either opt for a free basic package or book the paid premium package. The specific scope of service will be described during the registration or booking process of the particular package to be booked. If the customer is an employer and wants to publish a job advertisement on the websites of ExecuPers or use the pilot database, additional costs will apply regardless of whether the base or premium package has been booked. The customer will be informed about the exact amount of the costs when booking the respective product.
4. Conclusion of contract
The services offered on the Internet by ExecuPers are not a binding offer of ExecuPers, but only an invitation to submit an offer by the customer.
The contract for the use of the free basic package is concluded upon completion of the full registration.
The contract for the fee-based use of the premium package comes with pressing the button "book now".
The obligation to publish a vacancy and / or the provision of access to the use of the pilot database by ExecuPers also comes only by pressing the button "book now pay".
5. Third party performance
ExecuPers is also entitled to provide its services through third parties. A third party will not become contract partner of the customer.
6. Compensation and payment
The remuneration corresponding to the tariff selected by the customer must be paid immediately after the date of invoicing and in advance for the respective contract period, in accordance with the method of payment chosen at the time of ordering.
If the customer pays for their booked services using a credit card, the customer's credit card details are transmitted by ExecuPers to Stripe, Inc., 510 Townsend Street, San Francisco, CA 94103, USA. All payment transactions and invoices are carried out by Stripe. A storage of the credit card data of the customer at ExecuPers does not take place. Further information on this can be found in the Privacy Notice also available on the ExecuPers website.
7. Duration of contract / Termination
The customer is offered different contract terms within the bookable packages. The exact contract period results from the booked package. If the customer does not cancel ten days before the end of the agreed contract period, the contract will be extended by the same previously booked contract period, but not longer than twelve months.
Termination in text form, for example by e-mail, is sufficient.
The possibility of both parties to extraordinary termination for good cause remains unaffected.
If the customer or ExecuPers terminate the contract or the customer or ExecuPers deletes the customer's account (due to legitimate opposing interests of ExecuPers or third parties), all data provided by the customer will be irretrievably deleted. This includes the deletion of any and all links to other users on the ExecuPers website.
8. Right of rescission
If the customer is consumer according to § 13 BGB, he has a right of withdrawal.
You have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the date of the contract.
To exercise your right of withdrawal, you must contact us:
Am Flughafen 11
79108 Freiburg DE
Telephone: +49 761/76 99 88 10
by means of a clear statement (eg a letter sent by post or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
To comply with the withdrawal period, it is sufficient that you send the notice of the exercise of the right of revocation before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we will provide you with all payments we have received from you, including delivery charges (except for the additional costs that may result from giving you a different delivery than the one we offer Standard delivery), immediately and no later than fourteen days from the date on which the notification of your cancellation of this contract has been received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
End of revocation/cancellation
9. Obligation of the customer
If there are any disruptions to the use of the ExecuPers web pages in that the customer can not access the services of ExecuPers on the World Wide Web, the customer must notify ExecuPers of these faults immediately. In addition, the customer commits himself to immediately notify Execu-Pers of any other apparent defects or damages and to take all measures which will enable the defects or their causes and causes to be identified or facilitate or accelerate the removal of the disturbance.
The customer is required to handle the access data carefully, enabling him to access the websites of ExecuPers. In particular, he must ensure that these access data are not used by unauthorized third parties.
By signing the contract, the customer affirms that it does not publish any content on the websites of ExecuPers, the provision, publication or use of which violates the applicable law or third-party rights of this contract.
The customer undertakes to ensure compliance with statutory regulations and official requirements. False and misleading information may not be published, nor content that violates local, national or international laws.
The Customer indemnifies ExecuPers against claims of any kind whatsoever resulting from the unlawfulness of Content that the Customer publishes on the websites of ExecuPers. The indemnity obligation also includes the obligation to fully indemnify ExecuPers against any legal defense costs (such as court and attorney's fees).
The customer must notify ExecuPers immediately of a change of address, a change of the telephone number, the e-mail address and so on.
Customer is solely responsible and responsible for the content it publishes on ExecuPers' websites.
10. Usage by third parties
A direct or indirect use of the services of ExecuPers by third parties is not permitted.
The customer is only then entitled to transfer the contractual service to a third party in part or in full, against payment or free of charge for use, if ExecuPers agrees to such a transfer of use to third parties in text form.
If the use is permitted by third parties, the customer must duly instruct them in the use of the services and is liable for its actions.
If the use by third parties is not permitted, this does not result in any reduction, reimbursement or claim for damages by the customer towards ExecuPers.
In particular, the transfer of employer and / or applicant data to third parties is not permitted.
11. Additional conditions for employers
ExecuPers does not undertake its own examination of potential candidates for their qualification and suitability and the accuracy of the information provided by the applicant with regard to the positions offered by the client. For this purpose, the customer alone is responsible as the employer. The job advertisements published by the customer on the websites of ExecuPers or information on the customer's profile as an employer may not contain any links to third-party websites unless ExecuPers has agreed to this in text form. Without consent, it is generally allowed to link to the websites of the operating company.
Furthermore, no bodies may be offered that contain requirements or criteria that do not meet the actual and legal requirements of the published body.
In particular, the customer may not publish any content that does not promise employment or other employment and, in particular, does not intend to promote content that customers use to promote or promote products or services. This expressly includes the prohibition to mediate foreign bodies, with or without a promise to promise.
ExecuPers reserves the right to remove any content from sites that do not meet the above conditions or otherwise interfere with the interests of ExecuPers or third parties.
12. Additional conditions for employees
The customer may not publish any false or misleading content, in particular not in any way deny his or her qualifications and suitability for the job of the pilot.
The responsibility for all content provided by the customer lies solely with him.
In particular, the customer may not publish any content that is unrelated to him or her as an employee and, in particular, does not intend to promote content that the customer uses to sell, promote, or promote products or services.
Again, ExecuPers reserves the right to remove any content from the sites that do not meet the above conditions or otherwise conflict with the interests of ExecuPers or third parties.
13. Availability of the services
ExecuPers offers its services 24 hours a day, seven days a week. Necessary service interruptions for preventive maintenance will be announced as soon as possible. ExecuPers will eliminate faults in its technical facilities as quickly as possible within the scope of existing technical and operational possibilities. ExecuPers guarantees a 95% availability of the agreed services on an annual average.
14. Compensation, retention
The customer can only set off against counterclaims, provided they have been legally established or are undisputed by ExecuPers. A right of retention can only be exercised by the customer if his counterclaim is based on the same contractual relationship.
15. Warranty and liability of ExecuPers towards the customer
All data transmitted by the customer, as well as the websites of ExecuPers on a web server of Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen operated, which in turn by tiksys GmbH, Wilhelmstr. 14, 72074 Tübingen is looked after and maintained.
ExecuPers is not liable for the functioning of the services to the server, in case of power outages and failures of servers that are not within their sphere of influence. If ExecuPers is charged with intentional or grossly negligent negligence, Execu-Pers shall be liable in accordance with the statutory provisions.
Insofar as ExecuPers is only charged with a negligent breach of contract, ExecuPers shall only be liable in the event of a breach of a material contractual obligation, the compliance of which the customer may regularly rely on (cardinal obligation). The liability is limited to the amount of the foreseeable, contractually occurring damage.
Unless otherwise provided above, the liability of ExecuPers is excluded. In particular, ExecuPers shall not be liable for the loss of data of any kind whatsoever if these are deleted by external attacks (so-called hacker attacks), unless the above proves otherwise. Similarly, ExecuPers shall not be liable for any damages incurred by the Customer as a result of his or her personal or other data being obtained and misused by so-called hacker attacks by third parties, unless otherwise stated in the above.
The above limitation of liability does not apply to injury to the life, body or health of the customer or to liability under the Product Liability Act.
16. Force majeure
Force majeure, regardless of its nature, releases both its customers and ExecuPers from their obligations.
17. Further agreements
Supplementary parts of the contract and ancillary agreements must be in writing.
18. Final provisions
This contract is subject exclusively to German law. If the customer is a registered trader, the city of Freiburg im Breisgau shall be the place of jurisdiction for all disputes arising out of or in connection with this contract.
19. Severability clause
Should individual provisions of this contract be wholly or partially ineffective or unworkable or become ineffective or unworkable as a result of changes in the legislation after the conclusion of the contract, the remaining provisions of the contract and the validity of the contract as a whole shall remain unaffected.
The invalid or unenforceable provision shall be replaced by an effective and enforceable provision which comes as close as possible to the meaning and purpose of the invalid provision.
If the contract proves to be incomplete, the provisions which correspond to the meaning and purpose of the contract and would have been agreed upon in the event of being taken into consideration shall be deemed agreed.