§ 1
Scope
These general terms and conditions apply to all services of Inter Sozio Tech GmbH (the “Provider”) towards entrepreneurs within the meaning of § 14 BGB, legal persons under public law and special funds under public law. No contract is concluded with consumers within the meaning of § 13 BGB.
Differing, conflicting or supplementary terms of the customer become part of the contract only if the Provider has expressly agreed to their application in text form.
§ 2
Subject matter of the service
The Provider operates a curated marketplace through which companies are brought together with vetted providers of industrial services. The Provider renders placement and consulting services.
The Provider does not become a party to the supply or works contract concluded between the customer and a placed provider. Performance, quality, adherence to dates and warranty for those services are the sole responsibility of the respective provider.
§ 3
Formation of the contract
The presentation of categories and provider profiles on the site does not constitute a binding offer. By submitting a request, the customer makes an offer for the provision of placement services. The contract is formed by the Provider’s confirmation in text form.
§ 4
Assessment of providers
The Provider assesses the providers listed in the marketplace against published criteria (capacity, certification, references, data protection). The assessment is based on the documents and information submitted at the time of the assessment.
The assessment constitutes no guarantee of a provider’s capability in the individual case. The Provider is not liable for incorrect information given to it by a provider, unless the incorrectness was known to it or unknown to it as a result of gross negligence.
§ 5
Remuneration
Registration, admission to the marketplace and the placement of enquiries are free of charge for marketplace partners. No listing fee, paid placement or placement commission is charged on the provider side.
The Provider is remunerated on the buying side — for shortlisting and award support as well as for consulting, integration and operating services. Remuneration is agreed individually per project; there is no general price list. The enquiry, the shortlisting and the first reply are free of charge; an obligation to pay arises only upon a separate engagement in text form setting out the scope of services and the remuneration.
No share in the value of the placed order is agreed. All prices are exclusive of statutory VAT.
Services of placed partners are invoiced by them directly to the client. Those partners set their prices independently according to their own market conditions; the Provider neither sets nor influences them and owes no price commitment for third-party services.
§ 6
The customer’s duties to cooperate
The customer provides the information required for the placement completely and accurately. Incorrect or incomplete information may lead to unsuitable partner proposals; the Provider is not liable for this.
§ 7
Confidentiality
The Provider treats all technical and commercial information transmitted by the customer as confidential. It is passed to providers solely after the customer’s express release and only to the extent required for it.
§ 8
Liability
The Provider is liable without limitation in cases of intent and gross negligence, and for injury to life, body or health.
In the case of a slightly negligent breach of a material contractual duty (cardinal duty), liability is limited to the damage foreseeable at the conclusion of the contract and typical for such a contract. Liability is otherwise excluded. Liability under the German Product Liability Act remains unaffected.
§ 9
Availability
The Provider endeavours to keep the site available without interruption as far as possible, but does not owe such availability. Maintenance work, security incidents and disruptions outside the Provider’s sphere of influence may lead to temporary restrictions.
§ 10
Data protection
The processing of personal data is governed by the privacy policy, available at /datenschutz.
§ 11
Final provisions
The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising out of or in connection with this contractual relationship is — to the extent legally permissible — the Provider’s registered office.
Should individual provisions of these terms be or become invalid, the validity of the remaining provisions remains unaffected.