General Terms and Conditions – Unser Handwerk

These General Terms and Conditions (T&Cs) apply to the use of the online platform "Unser Handwerk" (hereinafter "platform"). The provider is Unser Handwerk GmbH, Hohendodeleber Straße 4, 39110 Magdeburg (hereinafter "provider").

The platform is aimed exclusively at entrepreneurs within the meaning of § 14 BGB, legal entities under public law and special funds under public law (hereinafter "users"). Consumers are excluded from use.

Deviating, conflicting or supplementary terms and conditions of the users do not become part of the contract, even if the provider does not expressly object to them.

Users are either clients, who post projects, or subcontractors, who search for projects and submit bids.

The provider provides a platform on which clients can publish construction projects and subcontractors can find these, establish contact and submit bids. This includes in particular project lists, company profiles, the Project Radar, a rating system and email notifications.

The provider is exclusively a mediator. Contracts for construction services are concluded solely between client and subcontractor. The provider does not become a party to these contracts and assumes no responsibility for their conclusion, content, execution, payment or defects.

The provider does not check projects, bids and profiles for accuracy, completeness or seriousness. A "Verified" notice only confirms that the provider has received certain evidence regarding the company. It is not a guarantee of quality, performance or creditworthiness.

There is no entitlement to projects being posted or a project being awarded.

The provider may further develop the platform and change functions, provided that the core of the agreed service for paying users is maintained.

Usage requires registration. With the completion of registration, a user contract for a free account is concluded. There is no entitlement to registration.

The user must provide truthful, complete and current information during registration and thereafter and must adjust this immediately in the event of changes.

One account per company is permitted. The person creating the account warrants that they are authorised to represent the company.

Access data must be kept secret. The user is liable for actions taken via their account, provided they are responsible for the misuse. In case of suspected misuse, they must inform the provider immediately.

The provider may request documents to prove entrepreneurial status, e.g. a business registration or an extract from the commercial register.

Clients use the platform free of charge. Subcontractors can choose between free access (Free) and a paid subscription (Premium). The respective scope of services is determined by the pricing page at the time the contract is concluded.

The following prices apply, each plus statutory VAT:

The founder price applies only to the first 100 companies that conclude a premium subscription. It remains in place as long as the subscription runs without interruption. After a termination or a change of tariff, the then current prices apply for a new contract.

The subscription is concluded via the payment service provider Stripe. The contract for the premium subscription comes into effect upon completion of the payment process.

Fees are due in advance for the respective billing period and will be collected using the selected payment method. Invoices are provided electronically.

If a payment fails, the provider may block premium functions until the balance is settled. Further claims remain unaffected.

The provider may change the prices with a notice period of six weeks to the start of a new billing period. They will communicate the change via email. The user can terminate the contract by the end of the current billing period until the change takes effect. The founder price is excluded from price changes.

The free account runs for an indefinite period. Both parties can terminate it at any time without notice.

The monthly premium subscription has a term of one month, the annual subscription twelve months. It is automatically extended by the same term in each case if it is not cancelled by the end of the current term.

The user can terminate the subscription at any time at the end of the current term, in particular via the "Manage subscription" function in the dashboard or by email to info@unser-handwerk.com. The premium functions remain usable until the end of the paid term. Fees already paid will not be refunded proportionally.

The provider can terminate the subscription with a notice period of one month to the end of the term.

The right of both parties to extraordinary termination for good cause remains unaffected. Good cause exists for the provider in particular in the case of serious or repeated violations of these T&Cs or in the event of a payment delay of more than 30 days.

Upon termination of the user agreement, the provider shall delete the account and the associated content, provided that no statutory retention obligations prevent this. Ratings submitted by other users may be retained in anonymised form.

Clients may only post projects that are actually intended to be awarded and which they are authorised to dispose of. Information regarding scope, location and period must be accurate.

Subcontractors may only submit bids that they can execute seriously and professionally. They are personally responsible for maintaining the registrations, qualifications, and insurance necessary for their activities.

Users may not post content that is unlawful, violates the rights of third parties (in particular copyrights and trademark rights to logos, images, and documents), is misleading, or contains advertising for external offers.

Contact details of other users may be used exclusively for the initiation and execution of the specific project. Use for advertising, disclosure to third parties or the creation of own address databases is prohibited. The respective user is personally responsible under data protection law for the processing of the data obtained in this way.

In particular, automated reading of the platform (e.g. by scrapers or bots), bypassing access restrictions, sharing premium access data with other companies, and actions that disrupt the operation of the platform are prohibited.

The user grants the provider a simple, royalty-free right to display the content posted by them (e.g. logos, images, descriptions) on the platform for the duration of the contract and to technically reproduce it for its operation. The user warrants that they possess the necessary rights for this.

The user indemnifies the provider against third-party claims based on a culpable breach of these obligations, including reasonable costs of legal defence.

After completion of a project awarded via the platform, the client and the commissioned subcontractor can rate each other. Other users cannot rate this project.

Reviews must be based on own experience from the collaboration, be truthful and objective. Insults, abusive criticism, untrue statements of fact and reviews that are purchased or given in exchange for benefits are prohibited.

Reviews are published as soon as both sides have reviewed or 14 days after the first review have passed. The reviewed party can reply publicly once.

The provider does not pre-screen ratings. They can hide or delete ratings that violate these T&Cs or applicable law, in particular after a justified notification from the affected party.

In the event of indications of a violation of these GTC or applicable law, the provider may, taking into account the legitimate interests of the user, in particular:

• Hide or delete content,
• warn the user,
• temporarily block individual functions or the account,
• permanently block the account and terminate the contract extraordinarily.

The provider informs the user about the measure and its reason, provided that no legal reasons prevent this. The user may comment on this.

In the event of a suspension for which the user is responsible, there is no claim for the refund of fees already paid.

The provider endeavours to ensure the most uninterrupted availability of the platform possible. Maintenance work, further developments and disruptions outside the provider's control (e.g. at hosting or payment service providers) may lead to temporary restrictions.

The provider is liable without limitation in cases of intent and gross negligence, in the event of injury to life, body or health, according to the Product Liability Act and to the extent of an assumed guarantee.

In cases of slight negligence, the provider is only liable for the breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the user may regularly rely. In this case, liability is limited to the typical, foreseeable damage under the contract.

The provider is not liable for user content, information and ratings, nor for the conclusion, execution or payment of contracts between users. The vetting of business partners, in particular their performance and creditworthiness, is the responsibility of the users themselves.

The above limitations of liability also apply in favour of the organs, employees and vicarious agents of the provider.

The provider may amend these T&Cs with effect for the future if this is necessary for objective reasons, such as new functions or a changed legal situation. Changes will be communicated via email at least six weeks before they take effect. If the user does not object within this period, the changes are deemed accepted. The provider points out this consequence in the notification. If the user objects, both parties can terminate the contract upon the change taking effect.

Information on the processing of personal data is contained in the provider's privacy policy.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

Exclusive place of jurisdiction for all disputes arising from this contract is Magdeburg, provided the user is a merchant, a legal entity under public law or a special fund under public law.

Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.