State May 24th, 2017
These general terms and conditions, hereinafter referred to as GTC, regulate the usage of the German version of the website, services and applications of REVONEER GmbH, hereinafter referred to as REVONEER. Certain functionalities require a registration on the website or the creation of a user account.
When using the platform after registering or creating a user account the significant areas of contractual relationship, secrecy and data protection are to be emphasized.
If you have any questions, suggestions or comments on REVONEER's terms and conditions please contact us via e-mail through email@example.com
Beginning with the time of registration on the website (also referred to as creating an account or registration) all information that REVONEER provides to the USER via the platform, by e-mail, orally or in any other form are subject to secrecy as per § 4.
The secrecy covers all information on PROJECTS and COOPERATION PARTNERS which cooperate with REVONEER. No information may be passed on to third parties by USER or former USER without the written permission of REVONEER. Any exceptions are classified as public, i.e. Information which is accessible on the website without registration. Likewise, the internal processes of REVONEER are subject to the obligation of secrecy for COOPERATION PARTNERS.
The registration on the website or the creation of a user account is possible for TALENTS. TALENTS are potential team members for the work on industrial and social projects which are published on the REVONEER website. Upon completion of the registration process TALENTS turn into USER and will be included in the TALENT-POOL of REVONEER.
If a USER applies for a project or receives a project invitation from REVONEER the USER turns into an APPLICANT. During the application process for a project the applicant will be given more detailed information on projects which are under obligation of secrecy. If an APPLICANT receives a commitment in terms of joining the project team he turns into a PROJECT MEMBER. Depending on the contractual relationship a PROJECT MEMBER may be a FREELANCE CONSULTANT or EMPLOYEE of REVONEER. Upon completion of a PROJECT and the project-related contractual end of the employment a FREELANCE CONSULTANT will turn into a USER again.
The nature of the contractual relationship (FREELANCE CONSULTANT or EMPLOYEE) will be clarified and clearly communicated within the application process. The relevant contract will be provided via the REVONEER platform. The requirement for a valid contract is to send the signed contract to REVONEER or upload the document via the REVONEER platform.
Even after termination of a contractual relationship, the obligation to maintain secrecy on the part of both contracting parties shall be unlimited.
The contractual relationship between the REVONEER GmbH and the COOPERATION PARTNER, also called the customer, as well as changes or additions in this regard are only valid if they are agreed on in a written or text form. The cancellation of all formal requirements also must be in writing.
Unless otherwise stated, the offers of REVONEER GmbH are subject to change and non-binding.
Please read the privacy statement which is valid and mandatory for the use of the website and platform of REVONEER. Further details on the data protection are listed in section § 5.
1. The REVONEER GmbH offers on its website (also called platform) certain functions which allows the USER to search for possible projects with the aim of cooperation on them. Everyone who uses the platform, regardless of their actual or further contractual conditions, hereafter are referred to as USER. Within the framework of the application process, after being admitted to a project team, you have the opportunity to work as a FREELANCE CONSULTANT or EMPLOYEE in the corresponding project. Therefore, certain applications will be available for the project member. FREELANCE CONSULTANTS are self-employed entrepreneurs which are themselves responsible for complying with the applicable legal regulations, in particular in the field of tax law. REVONEER assumes no responsibility for the non-compliance of the corresponding regulations by FREELANCE CONSULTANTS.
2. REVONEER offers to the USER the technical possibility to Login on the platform and create a USER Account. The Login data is consisting of USER Name or E-Mail and password. Upon completion of the application process, confirmation of REVONEER and the Login on the platform the USER has access on internal Information which are subject to secrecy. After login to the platform the USER can apply for PROJECTS (placed order of COOPERATION PARTNERS) and upon a successful admission in the project team the USER can work on the project (as a FREELANCE CONSULTATNT OR EMPLOYEE). These General Terms and Conditions (GTC) apply for all mentioned parties (USER and COOPERATION PARTNERS) as well as for recipients of the NEWSLETTER. The GTC are applicable on all contractual relationships of REVONEER and mentioned parties. If there are divergent agreements and contracts between REVONEER and mentioned parties, they have priority to the GTC.
3. A valid contractual relationship between REVONEER and EMPLOYEES or FREELANCE CONSULTANTS is concluded by the signing of a CONTRACT. Explicit agreements made in the course of the application process shall be documented in writing and signed by both contracting parties. With the acceptance of a PROJECT the USER undertakes to carefully research and process the accepted PROJECT. The number of PROJECTS processed by a USER is not fixed or limited. The time management for the processing of the PROJECT is independently defined by the USER. Exception are fixed timelines set by REVONEER or COOPERATION PARTNERS.
4. The general terms and conditions continue to apply to all current and future contracts between the REVONEER GmbH as an engineering office and COOPERATION PARTNERS, also called customers, in their capacity as entrepreneurs. Deviations from these conditions and in particular the conditions of the COOPERATION PARTNER only apply if they are expressly recognized and confirmed in writing by the REVONEER GmbH.
5. Verbal additional agreements do not exist. Changes in the general terms and conditions require the written form.
6. The REVONEER GmbH reserves the right to change these terms and conditions at any time. In the event of a change the GTC shall be sent to all USERS (except former USERS) by e-mail latest 14 days before entry into force. Changes to the terms and conditions count as accepted if there is no written objection within 14 days after receipt of the e-mail. When announcing the modification REVONEER is not obliged to explicitly notify the USER of the objection period and of the consequences of not filing an objection.
7. By using the platform provided by REVONEER when registering on the website, the registration for the NEWSLETTER or the cooperation with REVONEER (valid for COOPERATION PARTNERS or other CUSTOMERS of REVONEER GmbH) the individual parties agree to the terms and conditions and take note of the right of rejection referring § 1, item 5.
1. In order to apply for a PROJECT and to participate in the project team a one-time free of charge set up of a user account as well as the release of the account through REVONEER is requested. The USER must be at least 18 years old to set up the USER ACCOUNT. There is no legal claim on the part of the USER that REVONEER must release the account. The place of residence indicated by the USER is regarded as the respective company seat. This applies in particular to FREELANCE CONSULTANTS if there is not mentioned a specific company address.
2. The USER is without exception obligated to provide the data requested in the setup of the USER ACCOUNT correct and truthful. In this respect REVONEER reserves the right to make the release of the account dependent on the transfer of suitable documents which serve as proof for the correctness of the data provided. USER are also obligated to keep the indicated contact data as well as all other data provided up to date and modify adjustments without delay by using the modification function. If REVONEER cannot make contact with the USER due to missing data REVONEER assumes no responsibility.
3. The required data for the login (login) and thus the creation of a user account are first and last name as well as a password. The USER is responsible for the secrecy and security of this password. The password is not to be passed on to third parties and must be protected against the unauthorized access of third parties. The USER bears the full responsibility for all actions made by this user account. This does not apply if the USER is not responsible for the use of the account by third parties (e.g. hacked account). As soon as a USER gains knowledge of the transfer of his password or unauthorized access to his USER ACCOUNT he is obliged to inform REVONEER immediately. REVONEER assumes no liability for any damages that may occur to the user as a result of the misuse or loss of the password.
4. In general, the registration of a third party on a USER ACCOUNT is not permitted. Also, it is not allowed to have more than one USER ACCOUNT per person.
5. USERS are allowed to recommend external persons to register with REVONEER and to apply for PROJECTS. In this case, only publicly accessible information or the information provided by the referral application may be passed on. In the case of further information, the secrecy must be observed.
6. REVONEER reserves the right to delete the USER ACCOUNT of a USER and / or terminate the contractual relationship (with EMPLOYEES or FREELANCE CONSULTANTS) if the latter is in breach of the general terms and conditions or other contractual obligations. In this case REVONEER will pay out all the outstanding amounts for the work that had already been carried out by the USER on his specified bank account.
7. The USER may at any time request in written form the deletion of his USER at REVONEER. REVONEER commits itself after the request for a short-term deletion of the USER ACCOUNT. All information and data which underlie the statutory storage obligations (such as credits and invoices) are only deleted after expiry of the legal retention period. All further data will be deleted immediately when deleting the USER ACCOUNT. Even after deleting the USER ACCOUNT and the corresponding data the former USER is obliged to observe the secrecy and data protection rules of REVONEER.
1. After registration and the activation of the USER ACCOUNT, USER can see the PROJECTS and the applicable conditions set by REVONEER which correspond to the qualification level of the USER or the CLIENTs´ requirements, including the applicable conditions. All information and conditions of a PROJECT provided by REVONEER and available on the platform are serving as a guideline. REVONEER reserves the right to change or adapt these details subsequently.
2. A USER can either be invited by REVONEER or apply for an advertised PROJECT by himself. An invitation from REVONEER only constitutes an offer and is not a guarantee for the final admission to the corresponding project team. If a user accepts the invitation or applies by himself, he turns into an APPLICANT and receives further information on the corresponding PROJECT.
3. The data required for the processing of a PROJECT will be provided to the APPLICANT as soon as the contract is accepted by both parties and the APPLICANT turns into a FREELANCE CONSULTANT or EMPLOYEE on the PROJECT. The corresponding data (such as access codes, project-specific data) will be provided for the period of the PROJECT and are subject to strict secrecy.
4. The FREELANCE CONSULTANT or EMPLOYEE has to completely transfer all data concerning the PROJECT to REVONEER after completion of the PROJECT. All data on private devices or available on paper form (such as copies) which has not been passed over to REVONEER after completion of the PROJECT must be destroyed.
5. The type and scope of the agreed services for the COOPERATION PARTNER, also called the customer, result from the contract, power of attorney and these general terms and conditions.
6. The REVONEER GmbH will provide all services according to the state of the art and the written task. What is decisive is the content of the task, which is ultimately agreed upon by both contracting parties.
7. Upon request, the REVONEER GmbH will provide the COOPERATION PARTNER with information about the status of the work, about arising or expected expenses as well as the expected completion date.
8. The COOPERATION PARTNER names a project manager or contact person for the collaboration who can make by himself or make decisions that he or she records in writing. The project manager or contact person is available to the REVONEER GmbH for necessary information and the REVONEER GmbH will contact the responsible person immediately if there are any questions.
9. The REVONEER GmbH can consult other authorized persons to fulfill the contract, award contracts to those persons and demand the resulting costs for this from the COOPERATION PARTNER, as far as communicated in advance and recorded in writing. The COOPERATION PARTNER is given the opportunity to object to the conferring of a contract to a third party within 5 days.
10. REVONEER is not responsible for the correctness of the documents and information provided by the COOPERATION PARTNER for the purpose of fulfilling the contract. There is only an obligation to check the accuracy if REVONEER is aware of concrete factual indications of the questionability of the transmitted data or documents and information.
11. The REVONEER GmbH can make use of knowledgeable assistants as part of the general duties in preparing the provision of services. On-site visits may be left to qualified employees if the results of the on-site visit can be transmitted in full and beyond any doubt, so that REVONEER can assess the facts without restrictions and remains responsible.
12. Furthermore, the REVONEER GmbH is entitled to carry out the travels, site and property inspections as well as examinations and tests necessary to fulfil the contract. REVONEER is also entitled to make inquiries, to carry out research, to take photos and videos and make drawings, without the requirement of a special agreement of the COOPERATION PARTNER. However, if costs arise in this context that are no longer clearly in an appropriate relationship to the purpose and value of the report, the REVONEER GmbH must obtain the consent of the COOPERATION PARTNER first.
13. For the contract fulfillment, the COOPERATION PARTNER must ensure that the REVONEER GmbH is provided with all the information and documents required for the proper execution of the tasks free of charge and in good time. Furthermore, the REVONEER GmbH must immediately be informed of relevant circumstances as well as changes and new findings that may influence the project work.
14. The COOPERATION PARTNER must authorize the REVONEER GmbH or, if necessary, authorize it in a separate document, to obtain the information necessary for the provision of the service from involved parties, authorities or third parties, or access documents and carry out investigations.
15. The COOPERATON PARTNER must not give the REVONEER GmbH and the EMPLOYEES and FREE CONSULTANTS assigned to the project any instructions that could falsify the actual findings, technical conclusions, evaluations or the result. Such instructions or requests given must be rejected by REVONEER.
16. The COOPERATION PARTNER is obliged to check the results presented by the REVONEER GmbH within 4 weeks and to examine them for any deviations from the order volume and defects. Complaints must be made in writing to the REVONEER GmbH within this investigation period. After this period, the result of the service counts as accepted by the COOPERATION PARTNER.
17. Claims for defects do not apply if a service is changed by the COOPERATION PARTNER or a third party, improperly installed, serviced, repaired or used in connection with third-party products, unless the COOPERATION PARTNER proves that these circumstances are not the cause of the defect.
18. If the inspection of the notice of defects shows that there is no defect, the costs for the inspection or extra work will be charged to the COOPERATION PARTNER.
19. In the event of defects and deviations from the order volume, which are notified in good time, the REVONEER GmbH is obliged to immediately correct them at its own expense. The correction must take place within a period set by the COOPERATION PARTNER. If the correction fails twice, the COOPERATION PARTNER is entitled to withdraw from the contract and / or to claim compensation for damages. The compensation owed by REVONEER is limited to three times the amount of the portion of the invoice directly affected by the correction, but maximal to the amount of the share capital of the GmbH. Liability for further damage, especially for subsequent damage beyond this amount, is expressly excluded.
20. Claims for conversion and price reduction are excluded. A claim for damage due to delay cannot be asserted within the period set by the COOPERATION PARTNER in the event of a defect, see point 18.
21. REVONEER is liable for damage caused intentionally and through gross negligence. In the event of simple negligence, REVONEER is only liable for the typically occurring, foreseeable damage and for damage from injury to life, body and health. The amount of damage, insofar as it is not related to injury to life, body or health, is limited to double the sum of the contract in each individual case, unless insurance from REVONEER or a involved third party pays higher compensation for damages. In this case, compensation is limited to the insurance benefit. Further liability is excluded. Liability for lost profits is excluded.
22. Claims for compensation by the COOPERATION PARTNER become statute-barred no later than two years from the point of time at which the COOPERATION PARTNER becomes aware of the damage or, regardless of this knowledge, no later than three years from the time of the damaging event.
23. Liability for the loss of stored data is excluded.
24. If the COOPERATION PARTNER is in arrears with payments for the REVONEER GmbH, REVONEER is entitled to withdraw from the contract or to terminate the contract and to claim compensation for resulting damage (e.g. lost profit, futile spent time) after setting a reasonable deadline.
1. The obligation of secrecy begins with the creation of the USER ACCOUNT. This means that even before the USER accepts a project the information provided to him which is not publicly accessible on the REVONEER platform is subject to secrecy. This concerns internal data of REVONEER as well as provided information of COOPERATION PARTNERS in written, oral or any other form.
2. All regulations of secrecy are components of each business contract for FREELANCE CONSULTANTS or EMPLOYEES. For USER, the secrecy is valid beginning with the registration.
3. Furthermore, the secrecy concerns COOPERATION PARTNER as soon as they enter a contract with REVONEER.
4. The secrecy does not have a temporal limitation.
5. Confidential Information is:
I. Internal processes and circumstances
II. Business establishment or project environment and the persons, materials soft-and hardware located there.
III. Technical and economic issues of REVONEER and COOPERATION PARTNERS
IV. PROJECTS as well as their conditions and indications
V. CUSTOMER base of REVONEER
6. USER are obligated to maintain silence against third parties about all information related to PROJECTS as well as about the provided data which is needed for the processing. This information must be protected against access of third parties and are only provided for the service performance for REVONEER.
7. If a violation against the secrecy occurs through the USER, REVONEER reserves the right to issue injunctive relief and claims for damages.
8. If access to existing computer systems and / or networks or data connections is granted to users for the processing of PROJECTS or for other reasons, all actions which would be appropriate to impair these functions and / or cause their functional inability are to be refrained. If the agreed work has been completed (for example after the end of a PROJECT), the USER has no claim for access to the systems. If the authorization is not withdrawn automatically and the USER is aware of it he has to inform REVONEER immediately. All provided systems and programs shall only be used for contractual work.
9. FREELANCE CONSULTANTS and EMPLOYEES commit to provide the results of their work at any time upon REVONEER's request and to store the intermediate results on the agreed data transfer (e.g., a fixed drive) independently when the corresponding milestones are reached. Copyrighted data and work outputs resulting from an activity for REVONEER are exclusively available to REVONEER. After the termination of the agreed activity or PROJECT completion the exclusive right to use will be transferred to REVONEER. All copyrights will be compensated with the agreed payment.
10. Furthermore, the FREELANCE CONSULTANT or EMPLOYEE ensures that all services provided for REVONEER contain no illicit content or are criminal in any way. No personal right, copyright or other proprietary rights of third parties shall be infringed when providing the contents. If a third party legitimately raises a claim based on contents which had been provided through FREELANCE CONSULTANTS or EMPLOYEES and there arise costs for REVONEER the corresponding FREELANCE CONSULTANT or EMPLOYEE is liable to compensate the costs. REVONEER reserves the right to examine the work done by FREELANCE CONSULTANTS and EMPLOYEES in respect of quality assurance and copyright violations but is not obliged to check all provided data on illegal content. The latter is subject to the duty of care of the FREELANCE CONSULTANT and EMPLOYEE.
11. A gapless protection of the data against access of third parties cannot be guaranteed. A conscious transfer of the data does not take place. REVONEER points out that during data transmission, e.g. via E-mail, security gaps might occur.
1. The USER agrees automatically on the publication of images or video material of himself which will be generated within the scope of an REVONEER event if he participates on it. REVONEER reserves the right to use the material on flyers, posters, Facebook or other advertising and press products (in print publications as well as in electronic form). The USERS explicitly agree on it with their participation and waive any fees or claims. Such an event must clearly be marked as such by REVONEER. The use of names is only permitted with the explicit consent of the USER.
2. REVONEER undertakes not to use any image or video material in a manner which is harmful to the USER or assists the purpose of illegal or punishable acts.
3. It is not intended to resell the images. There are no restrictions on the temporal, spatial or content-related use.
4. Opposition must be submitted by the USER in writing (e.g. via E-Mail at firstname.lastname@example.org). Any objection to the use is possible for USER in writing (for example by e-mail to email@example.com). This must be done at least 24 hours before the official start of an event, otherwise a consent is given to the use of the image and video material.
1. The contents of the website and platform of REVONEER have been created with the greatest thoroughness. However, no guarantee is given for the correctness, topicality and completeness of the contents. If REVONEER is informed of a concrete infringement of the law by means of content on the website, REVONEER undertakes to remove it immediately.
2. There may be links to external websites of third parties on the website and platform of REVONEER. The respective provider or operator is responsible for the contents of the linked pages. At the time of linking, linked pages are checked for unlawful content; no further checks are carried out. If REVONEER is informed about illegal contents of linked pages, the links will be removed immediately.
1. All contents and works of the website and platform which have been created by REVONEER are subject to German copyright law. Reproduction, processing, distribution and utilization of the content is not permitted without the explicit approval of REVONEER. Downloads and copies of the site are only permitted for private, non-commercial use.
2. The copyrights of third parties have been respected in the preparation of the contents. In particular contents of third parties are marked as such. If copyright infringements are found, please notify REVONEER. REVONEER will promptly delete the contents after becoming aware of such copyright infringement.
1. Contractual relations between REVONEER and USERS as well as COOPERATION PARTNERS are based on the law of the Federal Republic of Germany. Exceptions are all compulsory consumer protection regulations in the country in which the COOPERATION PARTNER states his usual place of residence.
2. For all disputes arising from the contractual relationship between USER and REVONEER as well as COOPERATION PARTNERS and REVONEER the place of jurisdiction shall be the registered office of REVONEER.