(as at: 16. September 2022)
Solerus: A service of Solerus GmbH as well as short form of Solerus GmbH.
Employees: People who are looking for a job or training on Solerus.
Employers: Companies or firms and their agents looking for employees or freelancers for themselves on Solerus.
Intermediaries: Companies and their agents who search Solerus directly or indirectly on behalf of employers for employees to place with them.
Users: All user groups registered on Solerus (described above) (employees, employers or intermediaries) - paying or not.
Application: The apps and websites provided by Solerus, including parts thereof, which may be connected to third-party solutions.
Excluded from this are products, services and services expressly marked as "third-party services" that are not offered by Solerus itself, but by third-party providers, such as intermediaries. For these services, the general terms and conditions of the respective third-party provider apply exclusively.
The regulations and agreements between the users that apply here are made outside of and without any involvement or rights and/or obligations to Solerus that can be derived from them. They are solely regulated and agreed between the parties themselves.
Our General Terms and Conditions of Business & Use shall also apply to all future transactions with the Users, in the version valid at the time of the last conclusion of the contract. Updates and adjustments are possible on the part of Solerus at any time and must be accepted by the User in each case. In the event of non-acceptance, Solerus reserves the right to discontinue the agreed service provision, without any further rights or obligations on the part of the User vis-à-vis Solerus being able to be derived from this. Legal recourse is expressly excluded here.
Deviating, conflicting or supplementary general terms and conditions, even if known, will not become part of the contract unless Solerus has expressly agreed to their validity in writing.
3.) Use, trademark and copyright
- The legal owner of the contractual applications is Solerus GmbH or its business partners authorized to resell them.
- Users are granted a non-transferable and non-exclusive right by Solerus to make appropriate and customary use of the applications and services for the specified purpose.
- This agreement or the granting of a right of use, does not include any transfer of ownership, licenses or other rights to the applications provided.
- Unless otherwise indicated, all rights to the provided applications, marks and titles remain with Solerus without restriction.
- All work results and information published by Solerus are subject to the copyright of Solerus. Excluded from this are only those work results and information published by Solerus that have been created by users or third parties and taken over unchanged by Solerus for publication. By placing an order, Users confirm that they hold all rights of use required for publication or that they are the holders of the corresponding copyrights, ancillary copyrights and other rights.
The registration as well as the deposit of data on Solerus is free of charge. Employer and intermediary accept with the registration at the same time, the chargeable services according to the valid price list, if these chargeable services are used.
5.) User groups & usage in general
Solerus is not intended for persons who have not yet reached the age of 15.
Personal data of persons under the age of 16 will not be knowingly collected and/or processed. On the part of Solerus there is no obligation to accept or execute a request for registration and use by a User.
For Employee, Solerus, including any ancillary services, is intended solely for private, non-commercial use. Should the employee nevertheless use Solerus for commercial or business purposes, he/she does so at his/her own risk. In this respect, Solerus shall not be liable for any damages incurred. However, Employees undertake to compensate Solerus for any damage incurred as a result.
The Users assure that the information they provide about themselves and other circumstances relevant to the contract in the context of registration, confirmation of the General Terms and Conditions and use is complete, correct and clear.
The Users undertake to inform Solerus immediately of any changes to their contact details. Upon corresponding request by Solerus, a User shall confirm the updated data. In the event of a breach, Solerus is entitled to block the contractual services and the user account immediately and until clarification has taken place.
The User agrees that stored data may be used for internal data analysis.
The use of Solerus, for the stated purpose, is free of charge for employees+ who wish to publish their profile in order to be found and approached by employers and intermediaries.
Employers consent to having their contact information made visible when contacted by other Employers and Intermediaries.
Solerus strives to achieve user-friendly readability on all devices by optimizing the display.
6.) Published data
a.) Employee profile data
The profile data of employees are visible to employers and intermediaries in principle only without name and contact details and only if the status of the profile has been set by the employee to "published" by selecting the appropriate option.
b.) Inadmissible data
Solerus reserves the right not to execute orders placed by users, or to remove data already published, if the content to be published violates one or more of the following points:
- legal requirements,
- official prohibitions,
- the rights of third parties
- terms and conditions of Solerus ("Prohibited Content").
The same also applies to links in data fields which directly or indirectly lead to pages with inadmissible content.
The payment obligation of the employer and intermediary remains unaffected by this. Solerus is obliged to remove such inadmissible content only within the framework of the legal provisions and at the request of the authorized user.
Insofar as Solerus is held liable for unlawful content or other violations of the law for which the user is responsible, the user shall indemnify Solerus in principle and on a directly enforceable basis upon first request and shall permit Solerus to cooperate fully with the relevant legal authorities. The indemnification includes the necessary legal costs.
7.) Compliance with data protection
Each employer and intermediary undertakes to comply with all corresponding and relevant legal regulations, in particular with regard to the special protection of personal data (e.g. DSGVO), in a self-liable manner. In this respect, Solerus is not liable for any damages incurred. However, the employer and intermediary undertake to compensate Solerus for any resulting damage.
8.) Use by employer and intermediary
Use at your own risk.
The use of Solerus by employers is only permitted for the defined purpose of recruiting.
The use of Solerus by intermediaries is only permitted for the defined purpose of personnel search and placement.
Intermediaries** have the possibility to publish the profiles of their employees to be placed (with their consent) on Solerus. These are identified in search results as "intermediary profiles". Inquiries to these employees receive then the Vermittler, which adjusted the profile. The intermediary must ensure outside Solerus that an employee represented by him agrees to the publication of his data by him.
The further regulations on conditions and general conditions between the users are agreed upon solely by the parties involved outside Solerus. For this Solerus assumes no liability or responsibility.
Employers and Intermediaries shall ensure a smooth inbox for e-mails from Solerus and in this context shall set up Solerus as a "trusted contact". This is to avoid that information sent to him is filtered through possible in-house spam filters. The same applies to any contractual communication.
9.) End of the right of use and legal consequences
Insofar as the Users of Solerus have been granted a time-limited right of use for applications or advertising materials or the right of use ends due to termination:
The User shall delete all stored programs and data from his computer systems, unless he is legally obliged to retain them for a longer period. The other contractual obligations of the User towards Solerus shall continue to exist beyond any termination or termination of the contract.
The rights of the User under the contract are non-transferable and non-assignable. An assumption of the contract by a third party requires the consent of Solerus.
Solerus is entitled to send the User information, questionnaires and other commercial communication concerning the ordered and similar services of Solerus by e-mail even after expiry of the contract. The User may object to this at any time, informally and free of charge, by e-mail to Solerus, with effect for the future.
Solerus will inform about the right to object in every e-mail.
10.) Legal right of withdrawal
If the user is a consumer within the meaning of the law and the contract was concluded using exclusively means of distance communication (distance contract), the user is entitled to the statutory right of withdrawal described below:
[ Cancellation Policy]
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must do so in writing to "Solerus GmbH Universitätsstraße 3, 56070 Koblenz, Germany" or via firstname.lastname@example.org by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
**Consequences of revocation: **If you revoke this contract, we must return to you all payments we have received from you without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract.
For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you.
In no case will you be charged for this repayment.
If you have requested that the services begin during the withdrawal period or have used them, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
[ End of the cancellation policy]
11.) Invoicing and payment
A chargeable transaction comes into effect 1. as soon as the user makes a purchase by pressing the button "Buy" or. 2. as soon as an agent releases an employee profile to another agent. The resulting monthly subscription will be billed in the respective following month.
Unless otherwise agreed in the contractual relationship with Solerus, payment of the invoice amount due for point 1 will be made by credit card debit in accordance with the price list valid at the time of the order. All costs of the payment process, including costs incurred due to insufficient or inaccurate (including erroneous) information provided by Solerus, shall be borne by the user obligated to pay.
The payment method specified by the user liable to pay upon conclusion of the contract may also be used by Solerus for the collection of subsequent fees and charges justified in this contract.
Payment of the invoice amount due for item 2 shall be made in accordance with the price list valid at the time of commissioning, via invoicing.
Solerus is entitled to have the collection carried out by third parties and to assign its claims to them.
For this purpose, Solerus is entitled to transmit the inventory data of the Users liable to pay to third parties. The legally permissible transmission of further data by Solerus for the purpose of debt collection remains unaffected.
If, in the case of a continuing obligation, the fees or their components change at a point in time within the billing month (e.g. increase in value added tax), a separate invoice will be issued for the performance period from the beginning of the billing month to the time of the change and for the performance period from the time of the change to the end of the billing month.
The user liable to pay will be in default even without a reminder if he does not pay the amount due within ten working days of receipt of the invoice in such a way that it is received by Solerus in the account specified in the invoice by that time.
Solerus is entitled to claim any verifiable damage caused by delay in full.
In the event of default, Solerus is further entitled to demand a reminder fee of 1.50 euros for each reminder, unless the User liable for costs proves that damage of less than 1.50 euros has been incurred.
Claims of Solerus may only be set off by the user liable to pay with counterclaims that are uncontested or have become res judicata. The User liable to pay may only exercise a right of retention if his counterclaim is based on the same contractual relationship. The assignment of claims of the user liable to pay against Solerus to third parties is excluded.
In the event of default, Solerus is further entitled to charge interest to employees liable to pay at a rate of 5% above the respective base interest rate and to employers and intermediaries at a rate of 9% above the respective base interest rate. In the case of employers and intermediaries, Solerus reserves the right to prove and assert higher damages caused by default.
9.) User commitment to the handling of personal data
The User of Solerus agrees to abide by the following rules in particular when handling user data:
- User data must be processed in accordance with DGSVO and the valid/applicable data protection laws and the protection of telecommunications.
- User data must be treated confidentially and protected from unauthorized access.
- User data will not be disclosed to third parties unless this is necessary to fill a specific vacancy or the employee expressly agrees to its further use and storage outside Solerus. The responsibility here lies exclusively with the employers and intermediaries.
- If an intended employment relationship does not materialize, the employer will delete all data of the employee concerned, unless the employee expressly consents to the further use and storage outside Solerus. The responsibility here lies exclusively with the employers and intermediaries.
- Data of employees may only be processed in connection with the filling of vacancies, also the contacting of employees may only take place for this purpose.
- The transmission of information to employees about events not related to careers, purely promotional activities, competitions, etc., is not permitted.
- Solerus** obligates users to treat processed data in accordance with legal requirements, regulations and current case law and to delete it in a timely manner. Solerus reserves the right to block the access of the User in case of violation and to claim damages if necessary.
- Should Solerus be requested by an employee to delete his/her data, all employers and intermediaries who are in contact with this employee via Solerus shall also delete all information, files or copies belonging to this particular employee, insofar as this information does not have to be stored due to legal regulations.
- The Employee data is collected solely by the Employee or their Intermediaries, so Solerus cannot guarantee its completeness, accuracy, diligence or availability. Nor does Solerus guarantee a specific number of confirmed contact requests.
- The settlements, reconciliations, and all related contractual and other agreements, between Employees and Intermediaries, take place outside Solerus and are solely the responsibility of those parties.
- The Users are aware that special rules apply to the transfer of data outside the scope of the European Union or the EEA. The User will therefore only transfer personal data to third countries under the conditions of Art. 44-49 DSGVO. The User shall indemnify Solerus against all losses, costs, claims, damages and other expenses incurred by Solerus as a result of any failure by the User to comply with its obligations.
- Failure to comply with these legal requirements will result in the content being deemed unacceptable content with the consequences of being blocked on Solerus. The use of further legal remedies in this context is then also possible and permissible on the part of Solerus.
- The Users shall configure their own infrastructure, in accordance with the respective state of the art, in such a way that it is neither the target nor the starting point of disruptions that are likely to impair the Internet service offered by Solerus or, in general, smooth and error-free network operation.
- The User warrants that all content published by him on the Internet or submitted to Solerus for publication, or parts thereof, are free from the rights of third parties. The User shall compensate Solerus for any damages arising from a violation of this provision upon first request.
- For service elements that are placed or used on sites that are not operated by Solerus, additional restrictions and requirements may apply in addition to these GTC and our product-related terms and conditions.
10.) Data protection, telecommunications secrecy and confidentiality
The User is hereby informed in accordance with the Data Protection Act that Solerus stores his data in machine-readable form and processes it mechanically for contractual purposes.
Solerus collects, processes and uses personal data of a User without further, necessary consent, insofar as they are required for the establishment and processing of the contract and for billing purposes.
The User knows that the web hosting provider, the user's data stored on the web servers from a technical point of view to provide the service in compliance with applicable data protection law may view. Other participants on the Internet may also be technically able to intervene in the network security without authorization and control the message traffic. The User is fully responsible for the safety and security of the data he/she transmits to the Internet and stores on web servers.
Insofar as the User orders services from Solerus contractual partners via the Solerus services, the User's personal data required to carry out the order will be forwarded to them by Solerus.
The User is responsible for exercising the greatest possible care when using IDs, passwords, user names or other security devices provided in connection with the Services and for taking every measure to ensure the confidential, secure handling of the data and to prevent their disclosure to third parties.
The User will be held responsible for the use of his/her passwords or usernames by third parties, if he/she cannot sustainably demonstrate that the access to such data was not caused by him/her and that the reasons for this could not have been influenced by him/her.
11.) Defects & Liability
Solerus is liable for damages based on intentional or grossly negligent breaches of contract. The liability of Solerus is limited to the damage typically foreseeable at the time of the conclusion of the contract, i.e. as a rule max. in the amount of the remuneration received in the past 12 months, unless a higher damage settlement is covered and regulated by the concluded company liability insurance in the event of damage, whereby the objection of contributory negligence on the part of the User remains unaffected by Solerus.
Solerus is liable for advice only to the extent that the question has affected the content of the offer. The above limitations of liability also apply to breaches of duty by the legal representatives or agents of Solerus. Claims for defects against Solerus exist neither in the case of a deviation from the agreed and expected quality, nor in the case of a non-intentional impairment of usability.
Solerus expressly dissociates itself from the contents of all pages to which direct or indirect references (so-called "links") from the offer of Solerus exist. Solerus accepts no liability whatsoever for these contents and pages. The providers of the respective pages are responsible for the content of these pages.
Solerus is expressly not liable for incorrect or erroneously entered information, details or entries made by users or for errors or disruptions to procedures, incorrect processing which occur during transmission, processing during use at Solerus or an integrated provider. Any liability claims arising in spite of this must be reported in writing by the User without delay, at the latest 7 days after the service elements have been placed on the Internet.
- If a defect is discovered, Solerus will first provide supplementary performance in the form of correction. Only if this fails, the customer can demand a reduction or assert a right of withdrawal for individual service elements.
- At the request of Solerus, the user is obliged to declare within a reasonable period of time whether he continues to insist on delivery due to the delay and/or which of the claims and rights he is entitled to assert. In repeated cases, the User shall be entitled to terminate the contract.
- All warranty claims of the User liable to pay shall become statute-barred after one year, calculated from the date on which the User liable to pay had knowledge of the defect or should have had knowledge without gross negligence.
12.) Final provisions
The exclusive place of jurisdiction for all disputes shall be Schlangenbad.
For the contracts concluded by Solerus on the basis of these General Terms and Conditions and for claims of any kind arising from them, the law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the provisions on the UN Convention on Contracts for the International Sale of Goods and to the exclusion of German international private law.
Should individual provisions of these General Terms and Conditions and/or the contract be or become invalid, this shall not affect the validity of the remaining provisions.
Local court Wiesbaden