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 (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 (here­inafter referred to as “descrip­tion of services”).

1.2  The Cus­tomer can only use the Por­tal after pri­or reg­is­tra­tion. Upon reg­is­tra­tion, the Cus­tomer must also agree to these Gen­er­al Terms of Use (here­inafter referred to as “Terms“) before using the Por­tal. The Cus­tomer must pro­vide truth­ful infor­ma­tion dur­ing the reg­is­tra­tion and usage of the Por­tal. If these infor­ma­tion change, the Cus­tomer must update their data on the Por­tal imme­di­ate­ly. Each Cus­tomer may only reg­is­ter once on the Portal.

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  Availability

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.

6  Liability

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.

7  Privacy

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.