EN: navih1-Terms & Conditions

Juli 2022

Scope of Application

The following General Terms and Conditions regulate the legal relationship between emit gmbh represented by Dmitrij Menchinskiy - hereinafter referred to as "emit" - and the IT developer, designer, etc., who may also be managed by a company, to be mediated - hereinafter referred to as "Freelancers" -, respectively the company searching for a suitable service provider - hereinafter referred to as "Customer".

Subject Matter of the Contract

I. emit provides an interface between Freelancers and Customers and brings them together on a project-related and demand-oriented basis.

II. The Customer does not enter into a contractual obligation towards emit with costs. Every Freelancers or its managing party looking for a connection for a certain project has the possibility to fill in an inquiry form on the website of emit and to give more details about their personal skills. emit will then get back to the Employees as soon as possible with suitable suggestions for suitable project partners.

III. Freelancers have the possibility to become a member of emit's network and to provide information about their range of services and possible specializations. As soon as emit receives a customer inquiry, suitable freelancers will be contacted by emit and asked for interest and free capacities. In case of agreement, contact with the customer will be established.

IV. If several Freelancers fit to a requested project, the Customer has the right to decide for one contractual partner. The Freelancer has no right to a certain allocation quota. emit does not assume any guarantees in this respect.

V. The further details in the contractual relationship between Customer and Freelancer are subject to emit to these two contractual partners.

VI. The publisher of any content, regardless of its nature, assumes the guarantee of accuracy and the right to publish it. emit is not liable and does not guarantee the content of third parties.

Registration

I. Insofar as an option for registration is offered, you are obliged to provide the required information truthfully and to ensure that you can be reached under the contact data provided.

II. You must also ensure that no unauthorized persons gain access to their access data and must report any unauthorized use in the event of objective suspicion.

III. The customer account may be terminated by either party within a period of two weeks. You are responsible for an appropriate backup of your data.

Acting on behalf of others

I. If you act in the name of a third party (e.g. in the name of your customer), you assure that you have been authorized to do so by the third party.

Conclusion of Contract

I. A user contract is concluded between the Freelancer and emit as soon as the Freelancer has applied for his membership in the network of emit and emit has confirmed this to him.

II. No direct contractual relationship is established between emit and the Customer. The Customer may always submit a non-binding placement request.

Termination

I. The Freelancer may terminate his user contract with emit at any time and request his deletion from the brokerage index. This will then take place immediately and without being bound to a certain period of notice.

II. All customer orders which are still to be processed at the time of the termination and which have been mediated by emit shall be completed at the conditions negotiated in the respective individual contract irrespective of the termination.

Remuneration and Terms of Payment

I. The services of emit are free of charge for the customers and Freelancers till a contract or order will be signed.

II. emit accepts payments by bank transfer.

III. The remuneration for emit shall also remain in effect in case of a premature termination of the cooperation between the Freelancer and the Customer.

Liability and compensation

I. Claims for damages by the Customer or Freelancer are excluded, unless otherwise stated in the following. This also applies to the representative and vicarious agents of the Provider, if the Customer or Freelancer raises claims for damages against them.

II. Excluded from this are claims for damages by the Customer or Freelancer due to injury to life, body, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the purpose of the contract.

III. Likewise, this does not apply to claims for damages after grossly negligent or intentional breach of duty by Uplink or its legal representative or vicarious agent.

IV. emit is not liable for the services agreed upon and rendered in the internal relationship between Customer and Freelancer.

V. emit does not assume any guarantees for the number of contractual allocations of customer contacts for the Freelancers, promises regarding minimum sales or similar guarantees.

(6) emit is not liable towards the Customer for correctness and completeness of the information provided by the Freelancer mediated through it regarding its qualifications, and its time availability.

Language, Applicable Law, Place of Jurisdiction

I. The contract shall be concluded in German. The further performance of the contract shall also be in German.

II. The law of the Federal Republic of Germany shall apply exclusively.

III. In case of disputes with Customers who are not legal entities under public law or special funds under public law, the place of jurisdiction shall be the registered office of emit.

Severability Clause

The invalidity of any provision of these GTC shall not affect the validity of the other provisions. In the event that individual provisions are or later become invalid, they shall be replaced by the corresponding legal provision.