Status: 05. March 2018
1 Description of Services, Registration to the Portal and Conclusion of Contract
1.1 As a provider (hereinafter referred to as “easygrading”), Dr. Viktor Beyfuß provides a job evaluation system for companies (hereinafter referred to as “Customer”) on the internet of the address www.easygrading.de (hereinafter referred to as “Portal”). This is exclusively for companies and not for consumers. The Portal and its functions are described in the description of services at https://easygrading.de/license-model (hereinafter referred to as “description of services”).
1.3 The Portal is used via the Internet. The Customer is responsible for the access to he internet and any required software (e. g. browser, plug-ins); they are not provided by easygrading.
1.4 A Customer can choose between a free trial membership and paid subscriptions (hereinafter referred to as “Basic Version” and “Professional Version”, each case a “Version”) with different scope of services. After completion of the registration form by the Customer, easygrading will send a confirmation of the registration by email to the email address provided by the Customer. If the Customer confirms the link provided in the confirmation email, the contract for the subscription is concluded based on the request made by the Customer.
2 Term of contract and termination of contract
2.1 The Customer’s contract for the use of the Portal has a minimum term of twelve months. However, the Parties may also agree on a longer minimum contract term of 24 or 36 months by an explicit agreement. The terms start upon transmission of an email in which easygrading informs the Customer about his activation for the Portal.
2.2 The contract shall be extended automatically by increments of each, twelve months unless terminated giving three months notice to the end of the current contract period, If during the term the Customer changes the Version they choosed, a new minimum term of twelve months commences as soon as the change is made in the Portal.
2.3 Ordinary termination is excluded during the term of the Contract. The right to terminate the contract for good cause remains unaffected. The Customer shall only be entitled to terminate the contract for good cause if easygrading does not enable the Customer to use the Portal in accordance with the contract, even after expiry of a reasonable period of grace.
2.4 Notice of termination must be given in text form.2.5 If the Customer decides for a free trial membership, it ends automatically at the end of the trial period. The test membership can only be used once.
3 Remuneration and terms of payment
3.1 The Customer shall pay the agreed remuneration for the subscription used by them in accordance with easygrading’s price list valid at the time of conclusion of the contract.
3.2 The remuneration must be paid in advance for the duration of the contract and is due without deduction upon receipt of the invoice sent by e‑mail.
3.3 The Customer is only entitled to offset only if an to the extent the counterclaims are legally established, recognized by easygrading or undisputed. This does not apply if the Customer’s claims for defects that are based on the same contract. The Customer is only entitled to exercise a right of retention if his counterclaim is based on the same contract.
4 Duties and obligations of the Customer
4.1 The Customer may not transfer their user account on the Portal to any third party. The Customer will keep all access data (login and password) secret and may not pass them on to third parties. A disclosure of salary and classification data to third parties is also not permitted.
4.2 In the event of a violation of these provisions, easygrading reserves the right to block or delete the Customer access to the Portal, including the Customer’s account, in whole or in part. Blocking or deletion is especially possible if the continuation of this agreement cannot be reasonably expected due to the violation of these provisions, taking into account all circumstances of the individual case, in particular a fault sitting with the Customer, and taking into account the mutual interests of both Parties.
4.3 Easygrading’s right to terminate for good cause remains unaffected. The same applies to the assertion of other claims against the Customer.
5.1 easygrading endeavors to ensure maximum availability of the Portal. For the Basic and Professional Versions, easygrading ensures that the Portal is available 95% in one year. Excluded from this are times in which the servers cannot be reached due to technical or other issues which are beyond the control of easygrading (e.g. force majeure, fault of third parties).
5.2 In order to carry out necessary maintenance work, access to the Portal is not available daily for a period of up to 90 minutes between 3:00 and 5:00 CET. The rules on the availability of the Portal do not apply to this period. Easygrading may also restrict access to the Portal if security of network operations, maintenance of network integrity, in particular the avoidance of serious disturbances of the network, software or stored data does so require; these times are also not taken into account when calculating the availability.
5.3 easygrading is not responsible for errors in the connection to the Portal or to the Customers. If a connection is not available, this does not constitute unavailability in the meaning of this section 5.
easygrading shall be liable without limitation for intentional or grossly negligent acts, as well as for injury to life, limb or health, and in accordance with the provisions of the German Product Liability Act. In all other cases, easygrading shall only be liable to the Customer for damages, typically foreseeable and for all damages in a contractual year only to the amount of the total remuneration paid for this year. Any further liability of easygrading is excluded.
The provisions on data protection are included in the contract for order data processing (“Auftragsdatenverarbeitung”), which the Customer must conclude with easygrading upon registration. This does not apply to test membership, where the Customer may only use test data that does not refer to any natural person.
8 Final clause
8.1 Easygrading reserves the right to make amendments and changes to the content of these terms and conditions, provided amendments and changes are reasonable for the Customer, taking into account the interests of easygrading.
(a) This is in particular the case if an amendment and change of the conditions is necessary for the adaptation to further developments of the Portal or due to changed legal regulations. easygrading shall send the amended and changed terms and conditions to the Customer no later than six weeks before they come into effect.
(b) The Customer is entitled to terminate the contract extraordinarily immediate effect within six weeks from receipt of the change declaration after an amendment and change of the conditions. If the Customer does not terminate within this period in writing, the amendments and changes become part of the contract. The Customer will be informed of this consequence for the change notification.
8.2 Verbal ancillary agreements to the contract are invalid. Changes or additions require the text form. This also applies to the cancellation of this formal clause.
8.3 The law of the Federal Republic of Germany shall apply to these terms and conditions to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Berlin.
8.4 Only the German version of these terms and conditions is binding. If these terms and conditions are translated into other languages, they shall serve as a reading version exclusively for the Customer’s information.