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General Terms and Conditions
The following General Terms and Conditions regulate the conditions for using Racing-Staff services. The General Terms and Conditions remain valid even if services are used outside of the Federal Republic of Germany. Any deviating regulations of the user are thus expressly excluded.
Scope of Services
(a) The operator maintains an internet portal which offers users access to his data base; users may use this data base to apply for jobs or tooffer job vacancies themselves. This data base contains profiles and information on other users. Members looking for new staff may view profiles of other users in the data base and contact these persons (collectively called "Service"). Job seekers may retrieve job vacancies of companies within the data base.
(b) Users may also register as paying members (in the following called "Profile Online").
Only a paying member's profile can be accessed by users looking for new staff; members with this status can also view job offers by companies
(c) Every job seeker is obliged to expressly post his/her profile online in the Member's Area (Mitgliederbereich) at Settings (Einstellungen); here the user is advised on his/her obligation to pay a charge as well as on payment modes. After payment has been finalized, his/her profile will be activated online.
(d) Persons or entities looking for new staff may post job offers online. Before being able to post, they are advised that this is a paid service, and receive information on payment modes. After payment has been finalized the job offers are published online.
Conclusion and Effective Date of Contract
(a) Within the framework of the registration process, user has the opportunity to save or print out these General Terms and Conditions. User may view current General Terms and Conditions any time at http://www.racing-staff.com/agb.html.
(b) The contract between Racing-Staff and user concerning use of the service becomes effective as soon as paid Member's Area is unlocked. The operator will open access only after receipt of payment
(c) Duration of the paid membership also begins as soon as operator unlocks the paid Member's Area
Right of Cancellation
(a) Right of Cancellation: any customer has the right to rescind the contract in writing (e.g. as letter, facsimile, email) within 14 days without stating reasons. Cancellation period starts after receipt of these written instructions, but not before conclusion of the contract and not before we have fulfilled our obligations to inform as per § 246 para. 2 in connection with § 1 paras. 1 and 2 of the Introductory Law to the German Civil Code (EGBGB) and our obligations according to § 312g para. 1 clause 1 of the Civil Code in connection with Article 246 § 3 of the Introductory Law to the German Civil Code (EGBGB). Adherence to the cancellation period is ensured by timely dispatch of the cancellation notice. Cancellation notice must be addressed to: Racing-Staff UG (limited liability) Bührerstrasse 28 GER - 71640 Ludwigsburg
(b) Cancellations Consequences: In case of a valid cancellation, the services rendered must be returned and, if applicable, benefits derived (e.g. interest) must be given back. In case user cannot return received benefits either in part or completely, or can only return same in a degraded condition, user is liable for payment of the respective lost value to us. This may result in user's being obliged to fulfill contractual payment obligations for the period up to the date of cancellation. Payment obligations must be fulfilled within 30 days. For the user, this period begins with the date the notice of cancellation is dispatched, for us on the date of receipt
Special Note: You right to cancellation expires prematurely if, upon your express demand, the contract has been fulfilled in its entirety on both sides before you have exercised your right of cancellation.
(a) Utilization of services within the conditions of Art. 2 para. A of these Terms and Conditions is free of charge.
(b) For unlimited use of service the user needs to become a paying member (Profile Online). Members can purchase membership either by credit card, bank collection, PayPal or banc transfer.
(c) All prices quoted are final prices containing statutory VAT
(a) Payment of fees to the operator must be effectuated for the selected duration in advance without deductions.
§ 366 para. 1 Civil Code (BGB) is excluded. Any payments of user will always be offset against due interest, due payments and older debts first, even if the payment destination states differently.
(b) As payment mode, user may choose among automatic bank deduction by means of direct bank debit, payment per credit card or via PayPal.
(c) With registration and entering of the respective banking details or credit card data, user assigns operator a direct debit authorization for direct bank deductions / credit card deduction
Agreement Duration, Termination of Paid Membership
(a) Paid membership (Art. 2 para. 2 of these General Terms and Conditions) can be acquired for one month at first.
(b) Paid membership is automatically extended for a month at the end of each membership term. After extension of the subscription, payment is invoiced on basis of monthly costs. Paid membership will not be extended if the User Agreement (8 para. 4) is terminated in time.
(c) Paid membership may be terminated at the very latest up to two days before the membership term ends. Membership then ends at the end of that month for which payment has been received. Termination may be done via email at firstname.lastname@example.org or in the Member's Area.
(d) Calculation of the contract period is not based on calendar months, but on the duration from any specific date of one month until the same date of the following month (e.g. from May 15th until June 15th of the same year).
(e) An extraordinary notice of cancellation of the agreement may be forwarded if user has intentionally entered false data while registering and/or changing data later, or if user violates these General Terms and Conditions. In those cases any payments already effectuated will not be refunded
(f) After paid membership terminates, user's status automatically switches back to free membership with the respective limitations.
Termination of Free Membership
(a) Free membership as per Art. 2 para. 1 of these General Terms and Conditions may be terminated at any time in written form or in the Members'Area.
(b) After termination of the agreement, operator will delete all data of the respective user, provided these are not needed after the termination date as proof in connection with any illegal acts of the user
(a) Within the framework of the agreement, operator is liable only for such damage to the user which (a1) directly results from intentional acts or gross negligence of the operator, his legal representatives or agents, (a2) results from injuries to life, body or health which are caused by neglect of duty by the operator or by any of his legal representatives or agents, and (a3) is caused by neglect of any duty by the operator which is of prime importance to fulfill the purpose of the contract (material contractual obligation)
(b) Operator liability in all cases according to Art 10 (a1) and (a2) is unlimited as regards the liability amount. In all other cases liability is limited to the foreseeable damage typical for this type of contract
(c) In all cases other than those described in Art. 10 (a1) and (a2), any operator liability whatsoever is excluded regardless of the legal foundation. Any rights according to Product Liability Law (ProdHaftG) remain unaffected.
(d) Operator shall not be held responsible for incorrect data entered during user registration, since owing to the huge amount of information provided by users this cannot always be double-checked. Operator assumes no liability for possible misuse of information by third parties, especially if user has rendered this information accessible by him/herself. Furthermore, operator assumes no liability for illegal acquisition of user personal data by third parties (e.g. by "hackers" illegally forcing access to the database), as far as there is no personal fault of operator or fault of operator's legal representatives or agents, taking into consideration the limits described in para 1 and 2 of this section. Operator is entitled, but not obliged to review the contents of any texts or posted image or graphics files according to the guidelines on which these General Terms and Conditions are based; if necessary, operator is entitled to modify or erase texts, images and files
(e) Furthermore, operator is not liable for any service defaults which occur outside of his responsibility such as those caused by force majeure or technical problems within the internet
(f) In case of liability, paying members receive a free extension of their contract for a term equaling the time for which the respective user justifiably asserted the occurrence of failures
(a) User is solely responsible and liable for the contents of his registration and consequently for the information user provides on his/her person.
(b) User asserts that all specified data are correct and true. The contracting parties agree that it is in operator's legitimate interest to be able to double-check specified data on their correctness if required.
(c) User engages to hold operator harmless from any type of legal action, claims, damages, losses or demands which may occur in consequence of user's registration and/or membership in this service, provided damages do not result from willful intent or negligence by user or user's legal representatives or agents. User especially engages to hold operator harmless from any liability and all obligations, expenditures and claims which may result from damage caused by slander, libel, invasion of personal privacy, from failure to provide services to users, violation of intangible assets or other rights.
(d) User engages not to intentionally pass data of third parties (including email addresses) as user's own. User especially engages not to provide bank details or credit card data of third parties with the intent to defraud.
(e) User engages to adhere to applicable regulations during registration and utilization of the portal.
(f) User engages to treat emails and other notifications as confidential and never to disclose these to third parties without obtaining the agreement of the respective author beforehand. The same applies to names, phone and fax numbers, addresses and email addresses and/or URLs.
(g) Every user furthermore engages never to misuse the service, especially
-Never to use service to publish any defaming, objectionable or otherwise unlawful material or information
-Never to use service to threaten or molest others, or to violate the rights (including personal privacy) of third parties
-Never to upload data which contain a computer virus (infected software). Never to upload any software or other material which is copyrighted, unless user possesses the respective rights or has obtained the necessary agreements
-Never to use service in way which negatively impact availability of offered services to other users
-Never to intercept, or attempt to intercept any emails -Not to advertise for other, non-commercial contact portals. Advertisement for other commercial contact portals is prohibited according to Art. 12 of these General Terms and Conditions -Not to send any chain letters
-Not to list any names, addressed, phone or fax numbers, email addresses, user names or other contact data of messenger services or other internet services in the personal description (Profile)
-Never to disclose login or personal password data to third parties, or to these use collectively with third parties
(h) Non-adherence to one of the above obligations may result in immediate termination of membership as well as in legal consequences, civil or criminal, for user. Any infringement may in particularly result in an obligation to pay damages (acc. to Art. 13). Operator reserves the right to exclude user from his service if, during registration or utilization of service, any contents or images are distributed which, according to operator's evaluation, are immoral, obscene or politically radical
Prohibition of Use for Commercial or Business Purposes, Prohibition of Spamming
(a) User asserts that through his/her membership user does not follow any commercial or business purposes. User engages never to use portal for commercial or business aims.
(b) Commercial or business activities, which the user engages to refrain from within the framework of this contact portal, are in particular:
Offer against payment of goods or services of any kind, invitation for respective offers or reference to another site where a respective offer is to be found (such as reference to special internet auctions). Advertising commercial internet sites, in particular sites which offer goods or services against payment, or which serve to represent or advertise companies, or which advertise other commercial internet sites. This applies in particular to advertisement by means of popup windows, banners or particularly highlighted or flashy links. An internet site is considered a commercial site within the meaning of this clause if it links directly or indirectly to the commercial contact portal of another operator. Posting value-added service phone numbers (especially with 0900 code) or value added SMS numbers (Premium SMS) within this contact portal. Establishing contact with the view of making profit thereon, especially by subsequent referral to value-added SMS or 0900 phone numbers. Recruiting staff, models for agencies or paying service companies, collecting or requesting profile data (e.g. phone/mobile no.) accessible within the contact portal of specific users, with the intent of commercial use, advertisement or resale.
(c) User engages to refrain from providing other service users or other users with any type of advertisement for commercial offers, and from sending any messages which have a commercial purpose. This applies especially for placing or naming respective links in data profiles which are accessible to other users or service users, as well as for sending messages with the internal message exchange service systems (e.g. chat, message transmission, forums and data profiles).
Any user who, through membership in this service, pursues commercial or business goals within the meaning of Art. 13 of these General Terms and Conditions, or who utilizes the contact portal commercially or for business purposes within the meaning of Art. 13 of these General Terms and Conditions, engages to pay liquidated damages to the operator to the amount of 2,000 Euros. User is permitted to prove that no damage has been suffered, or that damage is far lower than the liquidated damages amount. Operator has the right to prove that damage was higher than this amount. (b) In case of intentional or grossly negligent violation of the obligations described in Art. 11 paras 4, 5 and 7 of these General Terms and Conditions, user engages to pay the operator liquidated damages to the amount of 250 Euros, if this violation does not result in liquidated damages according to para 1 of this section. In this case, user is entitled to prove that no damage has occurred, or that damage is far lower than the liquidated damages amount. Operator has the right to prove that damage was higher than this amount.
Copyright, Utilization in Media
User asserts that user shall not post any photographs or other works within this portal without being entitled to do so according to applicable copyright regulations (b) User is not entitled to have profiles published in the above media
Modifications of General Terms and Conditions, Prices and Services
(a) Operator has the right to modify these General Terms and Conditions provided material regulations of the contractual relationship remain untouched, if modification is necessary for adjustment to developments which were unforeseeable at the time of entering the contract and if non-consideration of these modifications would materially disturb the fair balance of the contractual relationship. "Material regulations" in this sense are particularly those concerning type and scope of the contractual services and contractual term including termination regulations.
(b) Operator has the right to modify these General Terms and Conditions provided material regulations of the contractual relationship remain untouched, if modification is necessary for adjustment to developments which were unforeseeable at the time of entering the contract and if non-consideration of these modifications would materially disturb the fair balance of the contractual relationship. "Material Regulations" in this sense are particularly those treating type and scope of the contractual services and contractual term including termination regulations.
(c) Operator has the right to modify the contractual services provided there is just cause for this modification, if user is not objectively disadvantaged in consequence (e.g. maintaining or improving access options) and if the services are not materially changed. A "just cause" for modifying the contractual services within this meaning is adjustment of services to technological developments, if third parties who supply operator with the necessary input required for delivery of contractual services change their service offerings, of if statutory regulations or court judgments require limiting or expanding contractual services. Operator is entitled to limit the scope of content one user may post in the portal by changing contractual services.
(d) Operator has the right to increase the agreed payment amounts, if this is necessary to pass on increased costs to the users. This right to price adjustment includes in particular all cases of third parties who supply operator with the necessary input required for the delivery of contractual services whenever these increase their prices. Operator is furthermore entitled to adjust prices in case of an increase of value-added tax.
(e) User shall be notified of any intended modifications of General Terms and Conditions, contractual services or subscription prices according to Art. 16.a through 16.d no later than one month before they come into effect, with notification via email to the email account registered by the user. At the time of entry into force of said modifications, the user is entitled to extraordinary termination. If user does not terminate his/her contract in written form within one month after receipt of the modification notice, modifications become an integral part of the contract on the date of their entry into force. User is particularly adverted to this consequence of the modification notice.
(f) All members are asked to keep themselves informed on the current version of the General Terms and Conditions
(a) No side agreements are concluded. The contractual relationship between the contracting parties is subject to the laws of the Federal Republic of Germany, to the exclusion of the United Nations Convention on Contracts on the International Sale of Goods (CISG) and Conflict of Laws.
(b) Should one of the conditions of these General Terms and Conditions prove invalid either entirely or in part, the validity of the remaining conditions remains unaffected.
Racing-Staff UG (limited liability)
GER - 71640 Ludwigsburg
Registered office: Ludwigsburg
Register court / District court: Stuttgart HRB 739152
Shareholder: Michael Bopp, Heiko Strauss