General Terms and Conditions of Business
1. General information
1.1 Scope of application
These General Terms and Conditions apply in the version valid at the time of the conclusion of the contract for all business relations between us (HostessNet, Mrs. Lena-Jasmina Lombardi, Germaniastr. 16, 80802 Munich) and you. Should you use conflicting General Terms and Conditions of Business, these are hereby expressly contradicted.
1.2 Contract agreement
Contract language is German. Customers within the meaning of these General Terms and Conditions are exclusively entrepreneurs within the meaning of § 14 BGB.
"Users" are all persons who use the functions of our platform. This also includes our customers.
"Customers", on the other hand, are only persons who have booked our chargeable services.
"Freelancers" are customers who can create a SedCard via our website, which serves to display the person, photos and range of services and includes your availability.
"Agencies" and "companies" (hereinafter also referred to as "clients") are customers who can search for freelancers via our platform and submit a booking request to them.
1.3 Conclusion of contract
Through our website, you can enter a free membership (Basic) or a paid membership (Premium), and as a registered client, you can make booking requests to Freelancer.
1.3.1 Memberships (registration)
To use the full scope of this website, it is first necessary to create a customer account. In this process, the data required for the provision of services by us will be requested. The entries are confirmed by clicking on the "Register" button. By sending the registration, the registration is completed. You will then receive a confirmation e-mail. The password, which enables you to access the personal area, must be treated as strictly confidential. You will take appropriate and reasonable measures to prevent your password from being inadvertently disclosed to third parties. A customer account of clients can be operated by several responsible persons, but cannot be transferred to other users/customers or other third parties.
A distinction is made between Basic and Premium memberships. As a company, you can register on our platform free of charge and make binding booking requests to freelancers.
If an arrangement is made, HostessNet charges an agency fee per booking day. The respective amount results from the information on the SedCard of the freelancer to be booked.
As an agency, you can register on our platform for a fee and submit non-binding booking requests to freelancers. The annual fee will be charged during the registration process.
As a freelancer, you can register on our platform for a fee and receive booking requests from clients. The annual fee will be charged as part of the registration process.
1.3.2 Booking requests
In order to make a booking, the client must first fill out the booking form and specify his or her request in more detail. Then he can send the booking request to the freelancer. This offer is binding for entrepreneurs for four working days, for agencies the booking request is not binding. Once the booking request has been received, the freelancer has three working days to accept it bindingly by sending a message to HostessNet. With the acceptance of the freelancer, the contract between the freelancer and the client is effectively concluded. We do not ourselves become a contractual partner in the contracts concluded via our platform, but merely make the platform available. All payments from clients to the Freelancer for the compensation of the service shall be made directly to the Freelancer against invoice.
The content of the contract depends on the content of the booking request and the applicable contract law. HostessNet shall not be liable for the execution and fulfillment of service contracts between the client and the freelancer.
1.4 Download via App Store or Play Store
1.5 Communication with and via the platform
All communication with and via the platform takes place via the e-mail address you have provided. You have to make sure that you receive the e-mails sent to this address. You have to ensure that current address data is stored in your profile.
1.6 Subsequent amendment of the terms and conditions
We are entitled to subsequently adapt and supplement the General Terms and Conditions of Business in relation to existing business relationships, insofar as changes in legislation or jurisdiction make this necessary or other circumstances lead to the contractual equivalence relationship being not only insignificantly disturbed. A subsequent amendment of the terms and conditions of business shall become effective if you do not object within six weeks of notification of the amendment. We will expressly draw your attention to the effect of your silence as acceptance of the contractual amendment at the beginning of the period and will grant you the opportunity to make an express declaration during the period. If you object within the time limit, both you and we can terminate the contractual relationship extraordinarily, unless we allow the contractual relationship to continue under the old General Terms and Conditions.
2. Service description
2.1 General information
HostessNet is a platform that enables clients and freelancers to enter into a relationship to conclude a service contract between client and freelancer. HostessNet is exclusively a platform to support administrative processes. The conclusion of a service contract via the platform requires the complete registration of the user and his unrestricted acceptance of the General Terms and Conditions.
2.2 Provision of services
We are entitled to have the contract or parts of the contract fulfilled by third parties.
2.3 Time of performance
Unless expressly agreed otherwise, we provide the service to freelancers immediately after payment by activating your account. A SedCard will be checked and activated again after each change. In relation to companies and agencies, a further check of the website and, if necessary, other proofs are required by us on request. After successful examination the accounts for companies and agencies will be activated.
2.4 Freelancers recruit freelancers
Freelancers have the possibility to send invitation emails via the platform and thus receive free additional services. Each person may only be recruited once. Commercial advertising measures or advertising by means of email distribution lists are expressly not desired and will not be rewarded. Please note that we may change, expand or terminate our referral program at any time.
All prices are exclusive of value-added tax.
3.2 Default of payment
You are in default of payment if we do not receive the payment within two weeks of receipt of the invoice. In case of default of payment, interest will be charged at a rate of 9 percentage points above the base rate of the European Central Bank. If you are in arrears with your payments, we reserve the right to charge reminder fees of 2.50 euros. The assertion of further damages remains unaffected. You shall have the opportunity to prove that we have incurred no or less damage.
3.3 Right of Retention
You are only entitled to assert a right of retention for such counterclaims that are due and based on the same legal relationship as your obligation.
Should a brokered order not be carried out due to circumstances beyond our control, brokerage fees already paid cannot be refunded.
4. Duration, Blocking and Termination
4.1 Termination of a customer account
The user relationship is concluded for an indefinite period. It begins with the activation of the account and can be terminated by you at any time by deleting your profile via the usual account deletion routine or by giving notice in text form to us. In particular, we reserve the right to delete incompletely registered user accounts that have been inactive for a period of at least six months. A cancellation of an account through which booking requests are currently made or received will only be made by us for an important reason. With the termination of the free of charge user contract, the profiles and contents assigned to the account will also be deleted.
4.2 Subscriptions with costs
The chargeable subscriptions can be canceled without notice at the end of the respective term in the user profile without giving reasons. If the contract is not terminated, it is automatically extended by the respective initial term. The right to extraordinary termination for an important reason is not affected by this. After a successful termination, your account will be converted into a free account, which you can also terminate under the requirements of 4.1.
4.3 Termination without notice
The right to terminate without notice for an important reason remains unaffected. An important reason exists in particular if
- you have provided incorrect or incomplete information at the time of conclusion of the contract,
- you repeatedly violate other contractual obligations and do not refrain from violating your obligations even after we have requested you to do so.
5. Your responsibility
5.1 General information
You are solely responsible for the content and correctness of the data, contributions and information you transmit. The contents of these must not violate applicable laws or these General Terms and Conditions. You also undertake not to transmit any data whose contents infringe the rights of third parties (e.g. personal rights, rights to a name, trademark rights, copyrights, etc.). In particular, contributions with criminal content may not be published or untrue facts may not be claimed.
You shall indemnify us against all claims asserted against us by third parties on account of such violations. This also includes the reimbursement of costs of necessary legal representation.
We give you the opportunity to evaluate the services of the freelancers. You are obliged to provide the information to the best of your knowledge and belief. Submitted evaluations can be checked by us editorially for their admissibility. We are entitled, but not obliged, to publish reviews on our website and make them visible to all users.
5.4 Profile data
You are obliged to keep the content you post always up to date and to inform us immediately about any abuse of your profile. You can change your profile information independently in the personal area of your account.
5.5 Mandatory data
Both as a client and as a freelancer, you are responsible for ensuring that you fulfill the necessary mandatory information and provide it properly. We do not become a contractual partner ourselves for the contracts concluded via our platform, but merely make the platform available.
5.6 Competition Clause
Clients and freelancers undertake to make new bookings exclusively via the HostessNet.de platform within the period of one year after completion of the order. If contrary to this obligation, a contract is nevertheless concluded between the client and the freelancer, we shall be compensated for the economic loss incurred.
5.7 Abusive or illegal contributions
Abusive or illegal content, contributions, booking requests or ratings will be deactivated or deleted by us without prior notice. Such content designs are for example given in the following cases:
- to send spam,
- to send and store infringing, obscene, threatening, insulting or otherwise violating the rights of third parties
- to send and store viruses, worms, Trojan horses and harmful computer codes, files, scripts, agents or programs,
- for uploading programs that are likely to disrupt, interfere with or prevent operation,
- with the attempt to gain unauthorized access to our service or to individual modules, systems or applications or to
grant such access to third parties,
- Content with violence glorifying, pornographic or otherwise offensive or punishable content,
- General inquiries from agencies to freelancers without a specific assignment.
In case of recurring violations we reserve the right to block or delete your account. Payments already made cannot be refunded in this case. The right to extraordinary termination remains unaffected.
6. Usability of the services
6.1 Further development of the service / availability
We make every effort to adapt our services to current technical developments. We therefore reserve the right to make changes to the agreed services, provided that such changes do not impair the core services and are reasonable for the contractual partner, taking into account the interests of the contractual partner. We are also entitled to interrupt the website operation partially or completely within a reasonable scope for the purpose of updating and maintenance. In this respect, we do not guarantee that the services offered are available at all times and do not assure that the services offered or parts thereof are made available and can be used from any location. The statutory warranty law is not affected by this.
6.2 Technical requirements
The use of the website requires compatible devices. It is your responsibility to set or maintain the device in a condition that enables you to use the Website services.
7.1 Disclaimer of liability
We and our legal representatives and vicarious agents shall only be liable for intent. Only if essential contractual obligations (consequently such obligations whose observance is of particular importance for the achievement of the purpose of the contract) are affected, shall liability also be accepted for gross or slight negligence. In this case, liability is limited to foreseeable damages typical for the contract.
7.2 Reservation of liability
The above exclusion of liability does not apply to liability for damages resulting from injury to life, body or health. The provisions of the Product Liability Act also remain unaffected by this exclusion of liability.
7.3 Data backup
We carry out effective data backups as part of our service provision, but we do not provide a general data backup guarantee for the data you transmit. You are also responsible for making appropriate backups of your data at regular intervals to prevent data loss. We will exercise reasonable care in providing the agreed service and will perform the data backup with the necessary expertise. However, we do not guarantee that the stored content or data to which you have access will not be accidentally damaged or falsified, lost or partially removed.
7.4 Liability for contents
As the operator of the website, we are not liable for incorrect information provided by users in their contributions or profiles. We do not check the contents of our website (especially with regard to the infringement of third-party rights). However, should we become aware of incorrect, inaccurate, misleading or illegal information, we will immediately check and, if necessary, remove it. Furthermore, we do not assume any liability for the correctness, topicality, completeness, quality or legality of the contents not originating from us.
7.5 Liability for services
As an intermediary, we are not liable for the service contracts between the client and the freelancer that have been concluded via our platform, as we do not become a contractual partner in this relationship. The service contract is concluded exclusively between client and freelancer. HostessNet is exclusively a platform to support administrative processes.
8. Final provisions
8.1 Legal venue
The exclusive place of jurisdiction for all legal disputes arising from this contract shall be our place of business if you are a merchant, a legal entity under public law or a special fund under public law.
8.2 Choice of law
As far as there are no compelling legal regulations according to your home law, German law is agreed upon under exclusion of the UN sales law.
8.3 Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.