Terms and Conditions of Use for tecorio.com
Agreement on platform-based placement of technical personnel between, PMR GmbH (hereinafter referred to as "PMR") and the service provider or customer via the platform www.tecorio.com operated by PMR. The following terms and conditions for the use of www.tecorio.com have been noted and accepted.
PMR offers on the domain www.tecorio.com (hereinafter referred to as "platform") an online marketplace for the placement of technical staff such as service technicians or industry experts which are either self-employed or employed by a service provider (collectively referred to as "service providers"). The placement is project-related for individual customers of the platform. For this purpose, customers of the PMR have the option of setting up a project with a description of the order on the platform. As part of standardized procedures, individual or multiple service providers are proposed to the customer based on the information provided by the users. These general terms and conditions are not only intended to regulate the legal relations between PMR and its customers, on the one hand, and the PMR and the service providers, on the other hand. By agreeing to these terms and conditions, the service providers and customers (collectively referred to as "users") also mutually accept the validity of these terms and conditions as a framework for their business dealings on the platform.
In these terms and conditions
present terms and conditions used by PMR;
the PMR GmbH;
the Website www.tecorio.com;
any functionalities that PMR provides to users on the platform, whether provided on a paid or unpaid basis;
any natural or legal person who offers a project on the platform and is looking for service providers;
any natural or legal person that is self-employed as a freelancer or a service company that offers its own services on the platform and is looking for projects through it;
depending on the context, either the PMR and the service provider, the PMR and the client or all three in common;
depending on the context, either the service provider or the customer;
together the service providers and clients, unless they are authorized to use;
any natural or legal person except the users and the PMR;
the tasks assigned by the customer, including all related descriptions;
any information and files provided by the client in relation to the particular project, whether composed of text, pictures, video or audio files;
the process performed by the platform to identify competent service providers for the for the projects assigned by the clients;
the result of matching for users;
the fee due for a contractual brokerage of the service provider to a client by PMR;
the information users need to properly use the services of the platform, including user ID and passwords;
the contract concluded under the terms of these GTC between the users and PMR when registering on the platform;
§2 Purpose and Scope
These GTC regulate the services provided by PMR and used by the users. They apply directly between PMR and the customer as well as between PMR and the service provider. Furthermore, the users undertake, with their consent to these GTC, to also accept these GTC among themselves, insofar as obligations of one party towards the other party arise from this. In the event of contradictions between these General Terms and Conditions and the General Terms and Conditions of Users, these General Terms and Conditions shall take precedence; PMR contradicts the validity of others than these General Terms and Conditions.
In the event of contradictions between these GTC and the GTCs of users or laws, the mutual rights and obligations of all parties result in the following order of precedence:
- mandatory applicable law;
- these terms and conditions;
- the general terms and conditions of the users.
§3 Scope of services through PMR
- Opportunity of personnel and project acquisition
By registering and setting up individual profiles, PMR offers users the opportunity to acquire personnel and projects as well as to advertise themselves in the business sector.
As part of the matching process, PMR proposes projects or service providers that appear mutually suitable to the users without obligation. The procedures for identifying such proposals are based on PMR's best knowledge and conscience, but PMR does not guarantee or warrant that the proposals will meet actual mutual requirements. Throughout the entire usage process, PMR acts without exception only as an intermediary for the content posted by users independently and on their own responsibility. PMR has no influence on whether a contract is concluded between a customer and a service provider. PMR cannot oblige either the customer or the service provider to conclude and execute a contract.
- Contract negotiations
If the service provider intends to accept an order placed on the platform, he will submit a corresponding offer to the customer. PMR provides the service provider with a template that can be used for quoting or allows the service provider to submit the quotation created by the service provider. The customer is free to accept the offers of the service provider, to enter into further contract negotiations or to reject an offer.
- Exchange of services between customer and service provider
If there are contractual relationships between customers and service providers, the respective exchange of services between the parties takes place on their own responsibility and without interference by PMR. The activity of PMR is limited to the mere placement of service providers.
The PMR does not undertake any obligation to provide services or trades; it assumes no responsibility for the service or the work. PMR specifically assumes no warranty or guarantee of type and quality of services provided by the service providers.
- Development of the platform
PMR reserves the right to continuously develop the platform and to expand, change, reduce or even completely discontinue the range of services. Under certain circumstances, this can lead to a change in the usual range of functions. Users are not entitled to the use of free services. PMR can change or limit the functional scope of free services at any time at its own discretion, without (warranty) claims for reduction or compensation. Insofar as the functional scope of chargeable services is changed or restricted, the parties shall proceed in accordance with § 12 (2) of these GTC.
- Maintenance work
PMR endeavors to make the services available to the user as comprehensively as possible. The availability can be guaranteed only within the scope of the technically possible and is in particular due to necessary maintenance, security and updating work on the platform or such third party systems that are required for the intended use of the platform. The User may assert rights only in so far as they are specified in § 12 of these GTC due to impairments under this paragraph. In particular, there are no further claims for damages in this connection. Furthermore, the conditions specified in § 8 of these GTC apply.
- Business purposes
The use of the platform is for business purposes only, based on customer's own project needs. The use of the platform by professional project agents is inadmissible.
- Use and maintenance of the profile
PMR attaches the highest importance to the mediation of serious business relations. For this reason, when registering on the Platform, users must provide only those names, contact information and other materials that are current and factual in nature and that they may actually use. Should the information associated with the profile change in the meantime, the user must update the relevant information immediately. The use of the platform is not made by pseudonyms.
- Protection of the profile
The user takes all necessary and reasonable measures so that third parties can not unauthorized access the profile and use it for their own purposes, in particular the user does not pass on access data to third parties and refrain from any actions that affect the security of the profile or services. If a third party contradicts the use of the contact information in a profile, PMR is entitled to delete the profile. In cases of doubt, PMR will contact the user in question before deletion without any entitlement.
- Contract negotiations
The users are obliged to conduct all contract negotiations, which come about through a placement by PMR, over the platform. PMR provides corresponding possibilities (e.g. offer template, chat).
The actual closure of the contract may be made outside of the platform on the user's own templates. However, the users must inform PMR about certain contents of the contract (see §§ 5 (3) and 6 (2) of these GTC). For this purpose, all tools are available to users on the platform.
- Commandment of objectivity and neutrality
Users agree to hire only those materials during the use of the platform, which represent an objective and impartial description of the project or the knowledge and skills of service providers. In particular, the parties refrain from posting such materials on the platform that affect the economic or other interests of PMR, other users or third parties. An impairment of the interests mentioned before is given in particular if the user discontinues such contents,
- where third parties have industrial property rights that affect or oppose the platform-based use of the materials, regardless of the nature of those intellectual property rights; in particular, any copyright, trademark, design patent, patent or other intangible property rights are included;
- who have a racist, insulting, violent, personality-violating, pornographic or other character capable of violating the rights of third parties or other users;
- which are likely to damage the public image of PMR, other users or third parties;
- containing business secrets of other users or third parties or
- which, in terms of design or content, do not meet the quality requirements or design requirements of PMR; in such a case, the parties endeavor to find a compromise that is economically viable for both sides.
If users violate the objective requirement of this article and provide content that does not conform to the requirements set forth, PMR may, at its sole discretion, request that the user adapt the materials or delete the content itself and terminate the user contract extraordinarily. Relevant in this context are, in particular, the type and severity of the breach of duty, any prior forfeiture of the user and the recognizability of the breach of duty for the user. In any case, the PMR will inform the user concerned about the main reasons for doing so.
- Cooperation duties
In order to implement the brokering services, PMR relies in part on the participation of the parties, such as the selection and verification of the appropriate information, visual and video material or layouts and logos. The parties undertake to carry out these obligations to cooperate on their own responsibility and without any claim for separate reimbursement of costs.
After the platform has exchanged services, the users are given the opportunity to carry out a reciprocal evaluation. If this option is used, these ratings follow the requirement of objectivity. § 4 (5) of these GTC applies accordingly.
- Grant of Rights
The parties provide materials to PMR in the use of the platform to describe their projects or the knowledge and skills of the freelancer. The parties guarantee that they have all rights of use required for this purpose, in particular to those designated in § 4 (5) first point of these GTC. The parties hereby grant PMR the free, exclusive, time-limited and third-party transferable right to publish the content within the platform and other digital or analog media forms such as social networks or printed matter. This also includes the use and exploitation beyond media services in textual, pictorial or audiovisual terms for press and communication purposes in connection with other works.
Users are also prohibited from using the materials provided by other users for their own private or business purposes and to make them available to third parties - for example, with the removal of proprietary notices - or to assume their authorship.
- Intended use
The use of the platform is only permitted via the user interfaces and interfaces provided by PMR. A circumvention of the intended use mechanisms by script-based automated procedures is inadmissible.
The users shall keep secret the business secrets and other confidential information of the other user which have been disclosed by the respective other user or become known in connection with the contractual relationship concluded between the users, insofar as they are not obliged to disclose for legal reasons. This applies in particular to information that has become known due to the registration on the platform. The users also obligate all employees and other vicarious agents to confidentiality insofar as they deal with the business secrets or confidential information mentioned before. This obligation also applies after termination of the contractual relationship between the users.
§5 Customer-related obligations
- Project description
The materials held by the client on the platform shall be sufficiently detailed and comprehensive that they allow the service provider, on the one hand, the calculability of his services and, on the other hand, the final control of the services provided by the service provider. The materials are regularly checked for up-to-dateness, completeness and accuracy. Customer shall promptly complete and update materials if deficiencies exist or if prompted by PMR. The customer deletes or deactivates the respective project within three days, if there is no longer a customer need.
- Work or service
Subject of the projects hired by the customer on the platform are exclusively time-limited and project-related services. The platform is not intended for the recruitment or placement of personnel to cover a permanent need for personnel at the customer, or to incorporate personnel into the operating or work organization of the customer or a third party company and to give instructions. The customer ensures that the service provider is not integrated into the operating or work organization of the customer or a third-party company and the service provider is not subject to any instructions as to the content, execution, time, duration and location of the activity.
- Information obligations towards PMR
The customer informs PMR without explicit request about all essential processes, to the knowledge of which PMR has a legitimate interest. These include in particular
- the essential contract information (so-called "Essentialia Negotii") about each contract and exchange of services with a service provider and
- any irregularities or unprofessional behavior of a service provider in the context of the exchange of services within 14 days at the latest.
- Exchange of services with service provider
If it comes, as a result of the proposals on the platform, to the closure of a contract between customers and service providers, the customer pays the remuneration due on the basis of its own contractual obligation to the service provider. The terms of payment in § 7 of these GTC are referred to. The client provides evidence of the services provided by the service provider and transmits these to PMR upon request.
§6 Service provider-related obligations
- Profile Description
The service provider provides meaningful information about their qualifications, experience and other skills when setting up their profile. These include in particular contact data, capability description, machine knowledge as well as previous work experience. The service provider assures the accuracy and timeliness of the information provided by him. In the case of relevant changes, he updates his profile immediately - but at the latest within three days.
- Information obligations towards PMR
The service provider informs PMR without explicit request about all essential processes, to the knowledge of which PMR has a legitimate interest. These include in particular
- the essential contract information (so-called "Essentialia Negotii") about each contract and exchange of services with a customer
- its permanent or temporary lack of availability within three days, unless the service provider has already noted them on the platform and
- any irregularities or unprofessional conduct of a customer in the context of the exchange of services within fourteen days at the latest.
- Placement of specialists
The service provider acknowledges that the platform is exclusively for the placement of professionals for time and content limited projects in the context of service contracts. The platform is not used for the placement of personnel, which covers a permanent staffing needs at the customer or in the operational or work organization of the customer or a third-party company is incorporated and is subject to its instructions.
The service provider is aware that the order is an independent activity and that, as a self-employed person, he is responsible for his own insurance cover and for the fulfillment of his tax obligations. The service provider is also independently responsible for providing tax-correct invoices in order to bill his activities towards the customer.
- Own provision of project funds
The service provider guarantees that he fulfills all the necessary legal requirements to work on a project-related basis with customers. Subject to project-specific requirements (special tools or similar), the service provider guarantees that it has all the resources it needs to carry out the project, or that it can procure it promptly from third parties, which are typically required by technicians and technicians. The service provider is advised that it is its own responsibility to protect against recourse claims of the customer or third parties through, for example, professional indemnity insurance.
The service provider is bound by the hourly rates he has published in his profile. The transfer of statutory taxes to the responsible tax office is the responsibility of the service provider. For the rest, reference is made to § 7 of these GTC.
§7 Remuneration and payment methods
- Scope of free use of the platform
The registration and use of the platform in the form of setting up projects and finding service providers and projects is free. Fees for the use of the platform are only charged where they are explicitly stated. These fees are due when the service is provided and will be charged to the respective user.
- Commission for PMR
In the case of a contract between service provider and customers via www.tecorio.com PMR raises a commission fee to the service provider according to the following staggered model:
- less than 15,000 € annual turnover via this platform: 15% on the compensation paid to the service provider.
- between 15,000 € and 25,000 € annual turnover via this platform: 12.5% on the compensation paid to the service provider.
- more than € 25,000 annual turnover via this platform: 10% of the fee paid to the service provider.
The annual turnover is calculated from the turnover through projects that a service provider has handled via the platform in the respective financial year. A financial year of the PMR runs from 01.01. until 31.12. of the respective calendar year. The remuneration covers all payments made by the customer to the service provider. The only exception is the reimbursement of costs actually incurred by the service provider.
For individual projects with a remuneration over 35,000 € to 100,000 € the commission fee is capped at 3.500 €.
For individual projects with a remuneration of more than € 100,000 we are happy to be personally available for further information.
The same applies if the contract between service provider and customer is terminated prematurely; then the commission is calculated on the proportionate remuneration.
- The commission is also due, if
- an originally concluded contractual relationship is terminated before the exchange of services and, nevertheless, the exchange of services begins within one year; this applies regardless of whether the exchange of services is based on the originally terminated or a new contract and
- the parties did not inform PMR of a concluded contract; any penalties will not be charged.
- Payment methods
Users can pay due payments to PMR by bank transfer.
- Delay of payment
Even without a reminder, the user will be in default 14 days after the due date. A default is also given, if a user does not provide the required service despite a reminder.
In this case, the statutory provisions on delay apply.
- Prohibition of offsetting and retention
Users may not hold any objection or defense to PMR between customers and service providers. In particular, the user has no right of retention and no right to offset for claims such as recourse or damage claims, which he has against another user.
PMR is entitled to assign all commissions and claims for damages as well as other rights under this user contract to third parties. The assignment of all claims of the parties directed against the PMR - of whatever kind - is inadmissible.
§8 Liability and Warranty
- Exclusion of liability
PMR is not liable for any damage resulting from the use of the Services. This includes, in particular, any losses and lost profits.
The exclusion of liability for any damage caused as a result of intentional or grossly negligent conduct by employees, employees or other persons who are vicarious agents of PMR is excluded. The exclusion of liability is further excluded for damages that are based on the violation of essential contractual obligations and for liability under the Product Liability Act. Significant contractual obligations are in particular those of § 3 (1) of these GTC. PMR is also fully liable for any damage resulting from injury to life, limb or health.
The parties agree that PMR does not make any contractual or statutory warranty obligations for such defects arising as part of the exchange of services between the customer and service provider. In addition, PMR is not responsible for compliance with other legal or contractual requirements in the relationship between service provider and customer, e.g. accounting or insurance.
§9 Contractual Penalty
The users agree to a contractual penalty per violation of 50% of the commission in addition to the commission paid by the users, if the users have negligently failed to inform PMR of the conclusion of a contractual relationship. If users have reported a false order volume to PMR, the penalty is 50% of the lost commission due to the false report.
The users are jointly and severally liable for this contractual penalty. For the remaining details of the obligation to inform PMR, reference is made to § 4 to § 6 of these GTC.
Eine Anrechnung auf die trotz Verstoß zu zahlende (erhöhte) Provision erfolgt nicht.
- Violation of §5 (2) and §6 (3) of these GTC
In the case of violation or failure to comply with §5 (2), the customer indemnifies PMR from any claims and additional claims under social security and other tax law which PMR is obliged to pay by official or judicial determination as a result of qualification of the service provider as an employee. Furthermore, the customer indemnifies PMR in case of violation or failure to comply with §5 (2) of GTC of any claims and subsequent claims of a service provider for whose payment PMR is obligated to the service provider by official or judicial decision as a result of qualification of the service provider as an employee. This includes the costs incurred in pursuing a legal action. The non-fulfillment of the exemption obligation results in a corresponding claim for reimbursement or claim for damages.
- Further breaches of user contract
At the first request, the users release PMR from any third-party claims asserted against PMR for alleged or identified infringement of their rights. These include a breach of duties under § 4 (3), (4) and (6) of these GTC, a violation of § 5 and § 6, § 8 and § 11 of these GTC.
The claims to be exempted under § 4 (3) of these GTC also include any claims arising from third parties to whom the users have given access data.
The claims to be exempted under § 4 (4) of these GTC also include any claims of third parties asserting them for infringement of their rights.
The claims to be exempted under § 11 of these GTC also include fines imposed by supervisory authorities against PMR as controller or processor for the unlawful processing, in particular storage of personal data.
§11 Data Protection
The users affirm that they have collected and processed all materials and other personal data transmitted to the platform in accordance with applicable data protection regulations. The users set up appropriate organizational and technical protective measures to protect against unauthorized access by transmitted personal data.
- Ordinary termination
The user contract is concluded for an indefinite period. The parties may terminate the user contract at any time in writing (e-mail is sufficient) with a notice period of 3 months to the end of the month.
- Extraordinary termination
The parties reserve the right to terminate the user contract by extraordinary termination for good cause. An important reason is given in particular if the parties violate their respective essential contractual obligations. Significant contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on the compliance of which the contractual partner can trust and also trust. Reasons that entitle to unilateral termination without notice are in particular
- the use of the platform for purposes other than those stipulated in § 4 (1) of these GTC;
- a delay by the user to a reminder for due compensation claims of PMR of more than 14 days;
- the opening of insolvency or judicial settlement proceedings against a party;
- the use of the platform in violation of the behavioral obligations contained in § 4 (4) of these GTC;
- in the event of a change or reduction of the fee-based services by PMR, if this significantly changes the overall character of the platform to the detriment of the user, or;
- in the case of restriction of the functional scope by maintenance work, if thereby the scope of use is substantially impaired.
If a user contract is terminated, outstanding compensation claims of PMR become due on the date of termination.
Termination requires written form.
§13 Applicable Law and Jurisdiction
This user contract is subject to German law.
If the user is a merchant, the parties agree as the place of jurisdiction for all disputes arising from or on the basis of this user contract the relevant court in [...]. PMR also has the right to sue the parties before their general place of jurisdiction.
§14 Final Provisions
- Change of Terms
PMR reserves the right to change these terms and conditions at any time. PMR will inform the user about the change in text form at least 6 weeks before its planned effective date. If the user does not agree to the new terms and conditions of these terms and conditions, he will contradict them at the latest two weeks before the planned effective date. In this case § 12 (2) of these GTC applies accordingly. Furthermore, in case of objection by the user, PMR has the right to choose whether to continue the user contract under the old conditions or to terminate it on the effective date of the new regulations.
- Salvatory clause
Should a provision of these GTC be wholly or partially invalid or unenforceable or lose the effectiveness or feasibility later, this shall not affect the validity of the remaining provisions. In lieu of the ineffective or unenforceable provision, the parties will agree on an appropriate arrangement that is economically closest to what the parties intended.
Last update: May 8, 2019