Terms & Conditions

General Terms and Conditions staffboard GmbH

These general terms and conditions (GTC) regulate the contractual relationships between our customers and us, staffboard GmbH), Amalienstraße 77, 80799 Munich (hereinafter referred to as “staffboard”).

1 Validity of the General Terms and Conditions

1.1 The subject of the contractual relationship is the use of the online-based HR software staffboard (hereinafter referred to as “service”) and the websites, functions and services offered as part of the service, regardless of the domains used.
1.2 By using staffboard, customers agree to these terms and conditions. 1.3. Differing customer conditions will not be recognized unless staffboard expressly agrees to their validity in writing.

2 Conclusion of contract and content of contract

2.1 The contractual relationship between the customer and staffboard comes into effect when the form for registering with staffboard is sent. To confirm this, the customer receives a confirmation email during the registration process, including confirmation links for permanent use.
2.2 staffboard's offer is only aimed at business customers. staffboard may refuse to conclude a contract with the customer if there are objective reasons.
2.3 staffboard can terminate the contractual relationship within four weeks if the customer turns out not to be creditworthy after checking with recognized credit check providers.
2.4 As part of the conclusion of the contract, the customer will choose one of the tariffs offered by staffboard. The respective scope of services provided by staffboard and the amount of remuneration to be paid by the customer can be found in the respective tariff description. For paid tariffs, the customer also decides on a payment interval, which is also the contract term.

3 third party offers

3.1 If services or other services from third-party providers or cooperation partners of staffboard are offered or advertised on staffboard, staffboard will not become a contractual partner of the customer with regard to this offer.
3.2 In such cases, the contracts are concluded solely between the respective third-party providers, without staffboard acting as a representative, vicarious agent or service point of the third-party provider.
3.3 The contractual terms and conditions of this third-party provider then apply exclusively. The offers from third parties are marked as such or are recognizable as such.

4 Compensation and invoice

4.1 The remuneration is due at the beginning of the payment interval selected when the contract was concluded. The remuneration is net, plus statutory sales tax.
4.2 staffboard reserves the right to change the amount of remuneration at any time. For current contracts, the change will only take place at the beginning of the following contract period.
4.3 The customer can pay the remuneration using the payment options offered by staffboard.
4.4 The deadline for staffboard to send advance notices to the customer as part of the SEPA direct debit procedure is one day.
4.5 The invoices are made available to the customer electronically on the day the compensation is booked or when the tariff changes.
4.6 Vouchers issued by staffboard can be credited towards the tariff price within the scope of their validity.
4.7 If an invoice cannot be collected, the customer will bear all resulting costs. This includes, in particular, bank fees in connection with the return of direct debits and comparable fees to the extent that the customer is responsible for the event that triggers the costs. staffboard can send payment reminders to customers electronically.
4.8 If the customer defaults on payments, staffboard has the right to refuse to fulfill the services due to the customer and to block access to the customer account until the default has been remedied. In these cases, staffboard will notify the customer of the blocking with a period of 10 working days in advance to remedy the delay. The other legal and contractual rights of staffboard due to late payment by the customer remain unaffected. In the event of late payment, staffboard can charge default interest of eight percentage points above the base interest rate. The assertion of a higher damage caused by default remains reserved.
4.9 Offsetting is only possible with claims that have already been recognized by the other contracting party or that have been determined by the court, unless they relate to main performance and defect claims. A right of retention can only be asserted for claims arising from the respective contract.

5 Customer Responsibilities

5.1 Customers guarantee that all data transmitted by them about themselves and their company is truthful and that all transmitted data and content are legally permissible and free of third-party rights. The use of pseudonyms is not permitted. Customers may not impersonate other people or companies or otherwise deceive about their identity.
5.2 As part of registration, a customer account is created for customers, within which customers can manage their settings and access staffboard's services.
5.3 In the event of incomplete registration, staffboard is entitled to delete the customer account within one week.
5.4 Customers’ address and contact details must always be kept up to date. Disadvantages that arise for customers due to incorrect information are at their own expense. Disadvantages that arise for staffboard due to incorrect information are borne by the customer if the incorrect information is their responsibility.
5.5 It is the customer's responsibility to exercise the greatest possible care when using their access data and to take every measure that ensures the confidential, secure handling of the data and prevents it from being disclosed to third parties. Customers are responsible for misuse of access data if they cannot demonstrate and prove that it was not their fault. Customers are obliged to inform staffboard immediately if there is reason to suspect that a third party has knowledge of access data and/or is misusing a customer account.
5.6 If a claim is made against staffboard due to inadmissible content or other violations of the law for which the customer is responsible, the customer will release staffboard upon first request and support staffboard in defending the claims. The exemption includes the necessary legal costs.

6 Usage authorization

6.1 staffboard points out that customers may only use the service for the individual contractual purposes. Transferring it to third parties, whether for payment or free of charge, is not permitted.
6.2 Customers may only use the staffboard service via the input masks and interfaces provided.
6.3 Actions that are likely to impair the functionality of the staffboard services, the software and the infrastructure (e.g. scripts, robots, crawlers) are prohibited. In particular, an excessive load that exceeds the regular intensity and frequency of use expected with normal use of the services and interfaces is prohibited (e.g. software that constantly generates unnecessary access via our interfaces due to technical errors).
6.4 We reserve the right to restrict the use of staffboard, remove content or terminate users if they violate these terms and conditions or legal regulations and the corresponding measure is objectively justified.

7 Tariff changes and termination

7.1 The contract term between staffboard and the customer is determined based on the selected payment interval. The contract is automatically extended for the same period after the end of the contract period, unless it has previously been terminated with seven days' notice to the end of the contract. Termination must be made by email to billing@staffboard.com.
7.2 Termination of the contract is possible at any time with the free tariff.
7.3 The customer may switch to a higher tariff at any time and use its services immediately (referred to as an “upgrade”). If the customer is entitled to an unused data quota from the previously existing contractual relationship, this will initially be credited to the customer or offset when the new tariff is invoiced.
7.4 Changing to a lower tariff (referred to as a “downgrade”) is only possible after the respective contract term has expired. Furthermore, a downgrade is only possible if the customer's amount of data does not exceed the data quota of the lower tariff and no functions are used that are not offered in the lower tariff. The customer may need to delete some data (e.g. number of items).
7.5 Termination or downgrade before the end of a payment interval does not entitle you to a refund of the remuneration paid in advance.
7.6 Both contracting parties reserve the right to terminate the contract early if there is good cause. Extraordinary termination is particularly permissible if the customer remains in default with his payment obligations for a period of two months. If necessary, the extraordinary termination must be preceded by a warning about the complained behavior.
7.7 It is the customer's responsibility to back up their data before the end of the contract if the contract is terminated.

8 Performance changes and warranty

8.1 The scope of the services offered by staffboard, the user accounts and their technical design result from the current technical status of the service and the service description at the time the contract is concluded.
8.2 staffboard reserves the right to expand, change or restrict functions to the extent that this serves technical progress, is necessary to prevent misuse, or staffboard is obliged to do so due to legal regulations. If the change in the scope of functions impairs the contractual use of the service by the customer in a way that is not only insignificant, the customer has the right to adjust the fees or terminate the service.
8.3 Defects must be reported and reported immediately, at the latest within 7 days, by the customer using the feedback function offered within the service or by email to support@staffboard.com.
8.4 staffboard helps remedy defects by making improvements. Only if this fails or is impossible can the customer demand a reduction or assert a right of withdrawal after a period of at least two weeks for repair has expired. All customer claims for defects expire after one year. The relevant point in time for the notification, complaint and limitation period is the point in time from which the customer became aware of the defect or should have become aware of it without gross negligence.

9 Availability

9.1 Customers acknowledge that 100% availability of the service cannot be technically achieved. However, staffboard endeavors to keep the service available as consistently as possible and guarantees an annual average of 98% availability in accordance with the following restrictions in this section.
9.2 staffboard cannot guarantee the availability of the service at times when this is due to technical or other problems that are beyond staffboard's control (force majeure, fault of third parties, necessary maintenance, disruptions to the IT infrastructure or the customer's Internet access, etc. ), cannot be reached. If the security of network operations or the maintenance of network integrity is at risk for reasons that are not within staffboard's area of ​​responsibility, staffboard can temporarily restrict access to the service as necessary.
9.3 Foreseeable failures due to maintenance work must be communicated to the customer in good time in advance. No claims can be derived in this respect.

10 interfaces

10.1 staffboard offers software interfaces (also referred to as “interfaces” or “API”) for its service with which customers can access their data and the functions offered by staffboard using third-party software. staffboard can only guarantee the functionality of the API in accordance with the availability regulations of these General Terms and Conditions to the extent that the functionality is within staffboard's sphere of influence. In particular, no guarantee can be given for a lack of compatibility of the API or accessibility if the defects lie in the third-party software.
10.2 The same restriction applies if customers link third-party software to the staffboard service via their interfaces.

11 Liability

11.1 staffboard is liable for damages in the event of intent or gross negligence.
11.2 In the case of simple negligence, staffboard is only liable for damages resulting from injury to life, body or health as well as for damages resulting from the violation of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner regularly relies and may trust), in which case staffboard's liability is limited to compensation for foreseeable, typically occurring damage.
11.3 These limitations of liability do not apply if staffboard has fraudulently concealed a defect or guaranteed its absence. The limitations of liability also do not apply to claims under the Product Liability Act.

12 Changes to the General Terms and Conditions

12.1 staffboard reserves the right to change the General Terms and Conditions at any time with effect for the future. The change to essential regulations that influence the contractual balance of customers with staffboard will only take place if there are valid and objective reasons, in particular of a legal, technical and business nature.
12.2 staffboard informs customers of the changed general terms and conditions at least in text form, so that customers have at least two weeks to object to the change. In the event of a contradiction, staffboard can determine whether the previous General Terms and Conditions remain valid in the contractual relationship with the customer or whether the customer has the right to terminate. If customers do not object to the changed conditions within the objection period, they are deemed to have been accepted.

13 Confidentiality and data protection

13.1 The protection of customer data is staffboard's top priority and information and disclosure of customer data to third parties is prevented as far as legally possible. This applies in particular to non-compulsory requests from authorities.
13.2 The contracting parties undertake to treat all confidential information that becomes known to them during the execution of this contract confidentially and to use it only for contractually agreed purposes in accordance with data protection regulations. The contracting parties will oblige their employees, freelancers and other companies involved (independent and affiliated) accordingly.
13.3 Confidential information within the meaning of this provision is information, documents, details and data that are designated as such or are to be regarded as confidential by their nature.
13.4 As part of the contract with staffboard, the customer can conclude an order data processing agreement within the meaning of the Federal Data Protection Act.
13.5 The rights and obligations under this section on confidentiality will not be affected by any termination of this Agreement.
13.6 Further data protection regulations and information can be found in staffboard's data protection regulations.

14 Form of declarations

14.1 The basic form for all declarations within the scope of the contract underlying these General Terms and Conditions is - unless expressly stated otherwise - at least the written form (e.g. email with a recognizable sender). Oral or conclusive declarations are therefore not effective. Declarations that meet higher formal requirements, for example written form, can be used instead of text form.
14.2 Changes to these General Terms and Conditions may only be made in writing.

15 Final Provisions

15.1 German law applies to this contract.
15.2 The exclusive place of jurisdiction for both contracting parties is Munich, provided that the customers are merchants, legal entities under public law or special funds under public law.
15.3 Should individual provisions of this contract be or become wholly or partially invalid, or should there be a gap in the contract, this should not affect the validity of the remaining provisions. In place of the invalid provision or to fill the gap, an appropriate provision should be made which, as far as legally possible, comes closest to what the contracting parties wanted or would have wanted according to the meaning and purpose of this contract if they had considered the point.

Contact

staffboard GmbH
David Hajizadeh
Amalienstraße 77, 80799 München
Email: contact[at]staffboard.de