General Terms and Conditions for the Use of the Online Service “Rent-A-Coder” (version as of 13 March 2017)
The General Terms and Conditions (hereinafter referred to as “General Terms”) set out below are applicable for the use of the online service Rent-A-Coder (hereinafter referred to as “Rent-A-Coder”), which functions as a venue to connect buyers and programmers in a virtual marketplace. As a neutral facilitator, Rent-A-Coder is not directly involved in the actual transactions between Users of the website.
§ 1 Contracting Parties and Scope of Validity
1. Contracting party of the buyers and programmers (hereinafter referred to as “User”) is dot com systems, Inh. Andor Berecz-Gazsi, Am Sandacker 20, 64295 Darmstadt, Germany (hereinafter referred to as „dot com systems“).
2. By giving a contract statement (offer or acceptance) and by using the services of Rent-A-Coder, the User irrevocably accepts the applicability of these General Terms. These terms and conditions are applicable exclusively; any conditions of the User contradicting, deviating or supplementing these shall not apply. This applies even if dot com systems does not expressly oppose differing or conflicting as well as supplementary terms and conditions of the User.
3. These General Terms apply to all services supplied by Rent-A-Coder and in particular do not depend on whether the User exchange occurs through the platform http://www.rent-a-coder.com, through another domain / subdomain or through alternative accesses, e.g. an app. The General Terms version that is valid on the date of the entering into the contract shall be applicable to all contractual relationships between dot com systems and the User in connection with Rent-A-Coder. This shall not apply if in particular cases a separate agreement is individually reached between dot com systems and the User.
4. These General Terms may be modified for cause if an objective reason (e.g. legislative amendment, change in jurisdiction) exists. Reasonably modified General Terms shall be part of the contract and replace older General Terms. This shall only apply if the User will be sent the modified General Terms by e-mail or another known address at least two weeks prior to their effective date and if the User does not object to such notification within two weeks following its receipt. dot com systems will specify the meaning of this two weeks period within in the e-mail or statement containing the changed General Terms separately.
§ 2 Registration
1. Online services of Rent-A-Coder can be used by visiting http://www.rent-a-coder.com or another domain or subdomain offered by dot com systems and by installing available apps which are potentially offered in Apple App Store or Google Play Store.
2. Users have to register before using the online services of Rent-A-Coder. Registration is accomplished by opening a user access containing agreement to these General Terms. Registration requires basic data of the applicant (user name, e-mail address, password) and can be completed by any adult natural or legal person, by personal communities and public bodies. A user account may exclusively be accessed by the user to whom the account has been created for at registration. The user account is non-transferable. Trough activation of the personal user account the parties enter into a service contract.
3. The details which are called up by dot com systems at the registration, have to be entered entirely and correctly. During the registration process, Users must choose a password. Users shall at all times keep the password confidential and must not disclose such password to any third party. In case of negligent loss of the password User is responsible for any actions which are performed under his/her personal account. The same applies if the User is aware of the use by third parties.
4. The User must immediately change his/her password when it is lost or when he/she has reason to believe that a third party knows the password.
5. If data of the User related to the services changes from the day the contract has been signed, the User is obligated to inform .com Services immediately.
6. Users can log in directly by input of user name and password. Login allows access to the services of Rent-A-Coder.
7. There is no claim to successful registration or to later conclusion of a service contract.
§ 3 Scope of Use
1. All registered Users are allowed to use functionalities of Rent-A-Coder to the extent as the service is currently technically available. Unless expressly agreed otherwise, dot com system’s service includes only the establishment of contact between buyers and programmers.
2. Technical Usability of Rent-A-Coder may be temporarily limited if this is necessary because of capacity limits, for the security or integrity of the servers or for carrying out technical measures and if this serves the proper or improved provision of services (maintenance work). dot com systems takes the valid interests of Users into consideration in these cases, e.g. by advance information, as far as possible for dot com systems. Limitations of liability as set out in these General Terms and Conditions shall remain unaffected of the aformentioned provision.
3. Unless expressly agreed otherwise, an uninterrupted usage of the functionalities is not guaranteed. Even if the parties make any deviating arrangements, dot com systems ensures merely an availability of approx. 98 % in the annual average.
§ 4 Uploading Content
1. dot com systems points out that some functionalities of Rent-A-Coder may be performed by third parties ("order data processing") on their servers (“Cloud“), such as e.g. payment providers.
2. Content which breaches legal provisions or infringes any rights of third parties may not be created or published. In particular, such content is prohibited which
spreads false and defamatory statements,
incites to hatred against specific groups of individuals or against parts of the population and/or discriminates them,
helps preparing and/or induces to criminal activities,
incites to violence or boycott against individuals, groups of individuals and/or parts of the population,
violates others’ human dignity,
includes propaganda material and/or symbols of unconstitutional organizations,
includes sexist or pornographic material,
includes personal data of third parties (e.g. credit card number or ID number),
includes insults, defamation and/or abusive criticism,
is protected by copyrights or industrial property rights if the uploading User is not authorized to make content publicly available,
directly supports promotion of sales unless it is directly connected to the services rendered by Rent-A-Coder.
3. Insertions of hyperlinks are only permitted if they are proved and legally safe. Linked websites are always external websites; dot com systems does not assess the content of external websites.
4. Users are responsible for ensuring that they hold the rights to the content provided, and are permitted to publicly reproduce the content and data they post on Rent-A-Coder. Uploaded contents of the Users are not statements or opinions of dot com systems.
5. The User is responsible for uploaded personal data. dot com systems will generally not be able to prevent misuse of uploaded information. The user is obliged to inform dot com systems immediately if there is reason to suspect that misuse has taken place.
6. The User is responsible for himself that legal infringements of his uploaded content are prosecuted. dot com systems makes efforts to forward indications of legal infringements to affected Users. Promptly report any known or suspected violations of these rules per E-Mail on firstname.lastname@example.org
§ 5 Establishment of Projects and Placement of Bids
Buyers who search for a programmer or designer can upload their projects and find suitable freelance programmers or designers (hereinafter also referred to as “Freelancers”) project based. Establishment and upload of projects has to be done by the User and not by dot com systems. Users can place bids and enter in discussions about the project. Freelancers can only place bids that equal the total amount of money they are requesting for the project. Also buyers cannot create projects that directly or indirectly require Freelancers to place hourly or other abnormal bids.
§ 6 Right of Withdrawal
The User has the right of withdrawal subject to the following conditions, providing that he/she is a consumer (sec. 13 German Civil Code - BGB) who is signing the contract for a purpose that is neither commercial nor can it be attributed to the person's independent professional occupation.
Instructions on Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you enter into the agreement. To exercise the right of withdrawal, you must inform us
dot com systems
Inh. Andor Berecz-Gazsi
Am Sandacker 20
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you have requested that the service shall be commenced during the period of withdrawal, you have to pay a reasonable amount equal to the proportion of the services already provided by us until you withdraw from the contract.
Model Withdrawal Form
(complete and return this form only if you wish to withdraw from the contract)
dot com systems
Inh. Andor Berecz-Gazsi
Am Sandacker 20
I/we _____________________________ hereby give notice that I/we withdraw from my/our contract including the following service:
Providing of an online platform which establishes contacts between Freelancers and clients.
Ordered on: ______________________________________
Received on: ______________________________________
Name of User(s): ______________________________________
Address of User(s): ______________________________________
Signature of User(s) (only if this form is notified on paper)
End of Instructions on Withdrawal and Model Withdrawal Form
§ 7 System Integrity and Interfering with the Homepage
Use of the Rent-A-Coder website for other purposes than those described in these General Terms especially advertising for other purposes is prohibited. Users may not utilize mechanisms, software, or other scripts in connection with the use of the Rent-A-Coder website that could interfere with the functioning of the Rent-A-Coder website or disturb other users. Users may not block, overwrite or modify contents generated by dot com systems nor interfere with the Rent-A-Coder website in any other way.
§ 8 Data protection
2. User data is disclosed only if it is permitted by law or if the User has given his consent.
3. All sent personal data are used and processed only to fulfill contractual obligations. The User agrees that his master data is registered and electronically stored by dot com systems. dot com systems cooperates with third parties to fulfill contractual obligations (especially payment service providers).
4. dot com systems explicitly points out to the User that the data protection and data security for data transmissions in public networks such as the internet can as yet not be fully guaranteed with the current state of technology. dot com systems is authorized to transfer personal data of the user via the Internet.
§ 9 Authority to block and delete user accounts
1. dot com systems is authorized to temporarily or permanently block and/or to delete user accounts if
the membership account results from incomplete or incorrect registration,
conditions of registration are not fulfilled (e.g. user accounts of minors),
there is reason to believe that the User misuses functionalities (e.g. comments which violate any of these provisions),
direct debit transactions are returned or if due payment claims are not settled in full,
user accounts are shared,
the User has significantly violated other Users’ and/or dot com system’s rights by negligent conduct,
this does correspond to the User’s presumed will and his/her consent cannot be obtained,
in the event of other important reasons being extant.
2. dot com systems is entitled to block or to delete content posted by members in the case that
there are indications that the User is seriously violating applicable law or these General Terms,
another User or a third party invokes an infringement of his or her rights due to the content and there is no possibility to timely obtain the User’s opinion.
the User’s account is blocked,
it corresponds to the User’s persumed will and his/her consent cannot be obtained,
it is necessary to prevent serious damage to dot com systems.
3. Instead of blocking or deleting content, dot com systems also can reprimand the User and/or limit his/her access to the website. dot com systems will choose the least restrictive but also effective means and if possible will try to give the User the opportunity to comment.
4. The user is entitled any time, to request repeal of the measure as per para. 1 to 3. dot com systems will take a decision within a reasonable timeframe, taking into account the legitimate interests of the User if they are aware.
5. dot com systems is not obliged to restore deleted content in case that the reason for deletation is no longer applicable. This shall also apply if it turns out that, indeed, there was no reason for deletion.
6. The User will be notified by e-mail to the registered e-mail address about the completed blocking / deletion as far as practicable and reasonable. dot com systems is entitled but not obliged to establish further contact via other contact data. This also applies if the attempt to communicate via e-mail fails.
§ 10 Responsibility of the User
1. dot com systems does not take responsibility for contents uploaded by the User.
2. The User takes responsibility that his / her uploaded contents do not infringe any rights of third parties. If a User or a third party believes that his / her rights have been infringed, he / she shall immediately inform dot com systems in writing.
3. Suitable precautions must be taken by the User to secure uploaded content, such as projects. dot com systems especially is not responsible for saving and keeping ready uploaded content.
§ 11 Liability
1. Claims for damage compensation of Users are excluded. . This shall not apply for claims for damage compensation resulting from injury of the life, body, health or from the breach of essential contractual obligations (cardinal obligations) as well as the liability for other damages which are based on willful misconduct or gros negligence of dot com systems, his statutory agents or fulfillment assistant are excluded. Cardinal obligations are those which enable the fulfillment of the proper performance of the contract. Liability is excluded towards companies in the case of infringements of obligations committed by legal agents as a result of gross negligence.
2. In the event that important contractual duties have been breached dot com systems shall only be liable for foreseeable damages which are typical for the contract if such damage was caused by ordinary negligence, unless it concerns compensation claims for damages resulting from death, physical injury or physical harm.
3. Those restrictions as per para. 1 and 2 also apply to the benefit of dot com systems legal representatives, employees and other performing or vicarious agents if claims are lodged directly against these.
§ 12 Indemnity
The User indemnifies dot com systems from all claims which other Users or third parties have asserted against dot com systems due to infringement of their rights by content published on Rent-A-Coder by the User or due any other use of the Rent-A-Coder website by the User. In connection herewith, the User also assumes the costs of the necessary legal defence of dot com systems on the basis of the statutory Fee Ordinance (RVG) as well as any law costs incurred. This does not apply if the User is not liable for the infringement. Indemnity also applies for other claims and costs which result from contents uploaded by the User (e.g. costs for legal disputes regarding unfair competition).
§ 13 Payment, Term and Termination
1. The contract for use as a framework contract is concluded for an indefinite period. It may be terminated at any time in writing or in text form. Termination results that all accounts of the User will be deleted. In that case, dot com systems is entitled to delete all contents uploaded by the User and to deactivate the User’s account.
2. Registration and posting of projects is generally free of charge. In case that the User selects one or more applicants for his project as winner(s), dot com systems charges a fee of 4.99 USD per winner from the respective User per the respective project. Buyer accounts have no other fees. Only registered and active members of type Service Providers can place bids on Rent-A-Coder. The number of bids a User can place is unlimited, if not otherwise defined in the Membership Plan. The membership plans are defined here: http://www.rent-a-coder.com/membership. Rent-A-Coder has 3 types of memberships for Freelancers, currently (i) the membership “Free” having a project award fee of 7.5 % of the placed bid but at least 5.00 USD with unlimited bids for an unlimited period, (ii) the membership “Basic” containing a project fee of 5.0 % of the placed bid but at least 5.00 USD and unlimited bids at 6.99 USD for a period of 30 days and (iii) the membership “Premium” with a project fee of 2.5 % of the placed bid but at least 5.00 USD, the allowance to share contact details, exchange contact details on project award and place highlighted bids at 29.99 USD for a period of 30 days. For the exact features list please see http://www.rent-a-coder.com/membership.
3. dot com system collects a project fee from the Freelancers, based on the membership. The service fee is deducted from the Freelancers Rent-A-Coder account when the buyer awards the project to a Freelancer. The fee is payable regardless of the project outcome. The project fee
a) can be paid by the Freelancer by making a deposit using one of the payment service providers, in partial or full amount;
b) will be deducted in partial or full amount by dot com systems from the Trust Assets, if the buyer and Freelancer opted for use of Trusteeship/Escrow and in case the Freelancer did not already deposited the project fee.
4. All payments towards dot com systems, project budgets, bids and trust assets/escrows are in US dollars ($). dot com systems verifies all deposits and might ask the User to send a verification. If the User refuses to send verification information via E-Mail, fax or phone, dot com systems reserves the right to refund the deposit.
5. The claim to use services of Rent-A-Coder expires in the case of termination from the time the termination is valid. dot com systems right to counterclaim is still valid.
6. Payment transaction are performed by payment service providers PayPal, 2CHECKOUT and MANGOPAY which have their own General Terms and private policy statements. The User is responsible for data which is transmitted to payment service provider.
7. dot com systems has the right to terminate user contract if an important reason exists. An important reason especially is given when dot com systems is entitled to block the User as per sec. 9 of these General Terms.
8. Services provided free of charge can be discontinued at any time if this is necessary due to operational reasons.
9. Project remuneration for the Freelancers can be made by the buyers
a) outside Rent-A-Coder services using any payment method, based on an agreement with the Freelancer, directly to the Freelancers bank or online payment system account. The transaction will not be documented in the buyers or Freelancers account and dot com systems has no control of it. In this case the buyer has the option to mark the project as paid;
b) using dot com systems escrow service. The service is provided by MANGOPAY and involves service fees as defined in sec. 15 para. 1. The transaction will be documented in buyers and Freelancers account and is reversible in case of a project completion fails. The project will be marked by Rent-A-Coder as paid.
10. Freelancers with unpaid fees are not allowed to place new bids.
11. Buyers can mark a project as Urgent at the cost of 5.00 USD and/or as Featured at the cost of 10.00 USD. The fees are to be paid before the project is saved in the Rent-A-Coder system, using one of dot com systems payment services. Such payments are non-refundable.
12. Accounts that are inactive (have no login activity) for more than 12 months will be deactivated and have their remaining funds deducted by Rent-A-Coder.
§ 14 Trusteeship
1. Users can task trusteeship services of Rent-A-Coder. dot com systems (“Trustee”) may therefore receive and hold in trust project-based remuneration (“Trust Assets”) of the buyer and pays it out to the Freelancer after he/she has finished his/her services. dot com systems is neither buyer nor Freelancer nor representative of either party.
2. A trust agreement is entered into if either the buyer or the Freelancer instructs dot com systems as a trustee. With payment of the Trust Assets to the Freelancer or with repayment to the buyer the trust agreement ends. If the buyer has chosen a project-based winner, he will be requested to pay the remuneration to dot com systems escrow account. dot com systems informs the Freelancer about the monetary entrance (“Advice of Payment”). dot com systems pays out the Trust Assets to the Freelancer if the buyer confirms the Freelancer's services and thereby releases the remuneration or if he does not indicate otherwise during a period of 30 days after the respective performance period has passed.
3. In case that the buyer contradicts dot com systems repays the Trust Assets to the buyer if the Freelancer does not contradict during a period of 30 days since he/she received the message about the buyer’s contradiction. In case that the buyer contradicts, dot com systems solely pays out the trust assets to the appointed person if buyer and Freelancer make suitable declarations or if one of the parties submits a final and legally binding court decision or likewise a binding decision of an arbitral body chosen by the Freelancer and buyer.
4. The minimum accepted Trust Assets is 100.00 USD.
§ 15 Trustee Fee
1. The trustee fee is a payment service provider CASH-IN fee and it is deducted by the payment service provider at the time of deposit.
a. for trust orders via bank transfer within Germany, the European Union as well as countries which participate in EU standard credit transfers, in each case 0.5 % of the Trust Assets;
b. for trust orders not mentioned under para. 1 lit. a) a further fee in the amount of 2.5 % + 0,25 € (EURO) (billed in USD) of the Trust Assets.
2. In case that the buyer has instructed dot com systems as a Trustee, he is obliged to pay the Trust Assets plus trustee fee to dot com systems escrow account. dot com systems’ entitlement to payment of the trustee fee remains in place even if there is a repayment to the buyer.
3. dot com systems claim for payment of the trustee fee arises regardless of the effectiveness and performance of the contract which is concluded between buyer and Freelancer. The party who instructs dot com systems as a trustee is obliged to pay the trustee fee, no matter if he/she is buyer or Freelancer. A claim for interest of the Trust Assets does not arise.
§ 16 Obligations of the trusteeship parties
1. The party who instructs dot com systems as a trustee is obliged to give information about the performance period. If dot com systems is not informed, the performance period will be the number of completion days set in the accepted bid, if not otherwise settled by the buyer and Freelancer.
2. The buyer is obliged to pay the trust assets plus trustee fee to the trustee’s escrow account. The buyer is also obliged to inform dot com systems as soon as the Freelancer properly has finished his/her services, but no later than 30 days after the performance period has lapsed. If the buyer does not inform dot com systems about the Freelancer’s performance, dot com systems will assume that the performance is properly finished and pay out the trust assets to the Freelancer.
3. In case that the Freelancer does not perform properly during the performance period, the buyer has to inform dot com systems within 30 days after the performance period has passed. Thereby the buyer contradicts the payment to the Freelancer.
4. If the buyer contradicts the payment of the trust assets to the Freelancer and if the Freelancer wants to prevent repayment to the buyer, he is obliged to contradict during a period of 14 days since he/she received the message about the buyer’s contradiction. If the Freelancer’s contradiction occurs not in time, dot com systems is entitled to repay the trust assets to the Freelancer.
§ 17 Applicable law, Place of jurisdiction, Textform and Separability Clause
1. This user contract shall, as far as legally permissible, be governed by German law to the exclusion of the UN Convention on Contracts for the international sale of goods.
2. All notices, declarations or other communication between the parties in connection with this contract shall be at least in writing.
3. The court of jurisdiction for all claims made in connection with the contract between the parties or its execution is Darmstadt, so long as the User is a business person. The same applies to all Users that have no general place of jurisdiction in Germany.
4. The possible invalidity of any provision shall not affect the validity of the remaining conditions.
5. Should any individual provisions in the above General Terms be or become invalid, either in part or in full, or impracticable, this will not affect the validity of the other provisions. The invalid or impracticable provision will be replaced by a ruling that is as close as possible in economic purpose to the invalid or impracticable provision in a legally effective and practicable form. The same will also apply in the event of any unintended omissions.