Legal Page Title
1. Scope, form
1.1 These General Terms and Conditions (hereinafter "GTC") apply to all business relationships between Senior Connect GmbH (hereinafter referred to as "Senior Connect"), accessible at senior-connect.de, and its commercial customers.
1.2 These terms and conditions apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer only become part of the contract if and to the extent that Senior Connect expressly is entitled to their validity in written or text form (e.g. letter or e-mail). This consent requirement also applies in particular if Senior Connect provides the contractual services without reservation in the knowledge of the general terms and conditions of the customer.
1.3 These terms and conditions do not apply to applicants who register on the Senior Connect platform; only the terms of use of Senior Connect apply to applicants.
2. Conclusion of contract
A contract is only concluded with Senior Connect when the customer accepts the offer of Senior Connect without reservation, receives a written order confirmation from Senior Connect or Senior Connect begins with the provision of services. Offers from Senior Connect are subject to change and can be revoked at any time until the written declaration of acceptance by the customer. Changes, ancillary agreements or additions as well as any quality agreements require an express agreement in writing to be effective.
3. Subject matter of the contract, services
3.1 Senior Connect offers a platform for the placement and linking of seniors with projects and job offers (hereinafter referred to as "service"). The service is provided as a software-as-a-service via the Internet for use. The customer uses the service via his customer account.
3.2 As part of the onboarding process, Senior Connect sets up the service for the customer, unless otherwise agreed, via remote maintenance.
3.3 During the term of the contract, the Service includes all updates and version changes within the Product in accordance with the regulations under point 4.4.
3.4 Senior Connect offers customers - if contractually agreed - support for technical problems and for optimal use of the service (support).
3.5 Senior Connect reserves the right to continuously develop the service and to expand its range of functions or to an appropriate extent.
4. Availability and maintenance
4.1 The Service is available to the Customer on average 99% per calendar year (hereinafter referred to as "Availability Period"). Outages caused by:
- announced maintenance work;
- unforeseeable, urgent maintenance work, e.g. B. to fix security gaps;
- force majeure or other events beyond the control of Senior Connect.
4.2 Senior Connect is entitled to perform regular maintenance, but will try to minimize the interruptions. Senior Connect will inform the customer no later than one day before the start of the work, except in urgent cases.
4.3 Senior Connect is entitled to make updates of the service as part of the maintenance work and to adapt the range of services to technical progress, insofar as the agreed functionalities are not significantly impaired.
5. Subcontractor
Senior Connect is entitled to use subcontractors to fulfill the contract.
6. Customer usage rights
6.1 Senior Connect grants the Customer a worldwide, non-exclusive, non-transferable, limited to the term of the contract right to use the Service for their own purposes.
6.2 The customer must comply with the agreed scope of the license. If it exceeds this scope, Senior Connect is entitled to demand additional remuneration and to assert claims for damages.
6.3 All rights to the service remain with Senior Connect. The Customer does not receive ownership or other rights to the Service or the technologies and documentation contained therein.
7. Customer content
7.1 The customer grants Senior Connect a non-exclusive right, limited to the term of the contract, to use the customer content to provide the contractual services. Senior Connect is entitled to reproduce the customer content for the intended purposes within the scope of the service and to make it publicly available.
8. Duration, termination of the contract
8.1 The contract term is at least 3 months, unless otherwise stipulated in the contract. The contract term begins on the first day of the month following the month in which the contract was concluded.
8.2 The contract can be terminated with a notice period of three months at the end of the contract term. If the contract is not terminated, it is automatically extended by 12 months.
8.3 An extraordinary termination for good cause remains unaffected for both parties.
8.4 Declarations of termination require the written form to be effective.
9. Remuneration and terms of payment
9.1 Remuneration for the use of the Senior Connect service consists of a combination of monthly fees and performance-related commission fees based on the annual salary of the person placed. The exact conditions are agreed individually with the respective customer. Individual contracts may differ from these regulations.
9.2 The contractually agreed remuneration is based on the customer's information (e.g. number of employees, settings), which have been communicated to Senior Connect. If this information differs from the actual data, Senior Connect is entitled to adjust the price accordingly.
9.3 All prices are exclusive of the applicable statutory value added tax.
9.4 All payments are made via the selected payment option.
9.5 Senior Connect reserves the right to adjust the usage fee once per contract year by a maximum of 10%.
10. data privacy
10.1 Each party is responsible for compliance with the applicable data protection regulations.
10.2 Insofar as the customer receives personal data via the service, the processing is carried out under joint responsibility in accordance with the requirements of the GDPR.
11. Confidentiality
11.1 Both parties undertake to treat all confidential information that becomes known within the framework of the contractual relationship as strictly confidential.
12. Warranty
12.1 The warranty is governed by the statutory warranty regulations, with the exception that Senior Connect does not assume any liability for damages existing when the service is provided.
12.2 The warranty of Senior Connect shall not apply to defects that are based on the fact that the customer or his vicarious agents have not used the service in accordance with the contract.
13. Liability of Senior Connect
13.1 Senior Connect shall only be liable for damage caused by slight negligence within the framework of the statutory provisions in the event of a breach of essential contractual obligations (cardinal obligations).
13.2 The liability is limited to the foreseeable, typical damage.
13.3 The limitations of liability do not apply to intent and injury to life, body or health.
14. Reference Attribution
Unless otherwise agreed, Senior Connect is entitled to name the customer as a reference customer and to display the customer's logo on the website and in other publications.
15. Changes to the Terms and Conditions
Senior Connect is entitled to change the GTC at its reasonable discretion, insofar as the changes do not affect the main performance obligations. The customer is informed in text form of changes and has a right of objection of six weeks.
16. Final provisions
16.1 The place of jurisdiction for all disputes related to the contract and the use of the service is Berlin, Germany.
16.2 The law of the Federal Republic of Germany applies exclusively to these GTC and the contractual relationship, to the exclusion of international uniform law.
16.3 Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.