Welcome to WeSource UG (limited liability)
WeSource UG (limited liability) (referred to as 'WeSource', 'we' and 'service provider') offers its customers digital solutions for successful recruiting.
§ 1. Preamble
These General Terms and Conditions govern the basic terms and conditions of cooperation agreements between WeSource UG (limited liability), Eberswalder Strasse 34, 10437 Berlin (register court: Amtsgericht Berlin-Charlottenburg, registration number HRB 189678 B, tax number 37/588/50209, represented by the managing director Eliza-Marija Hirvensalo and Alexander Bahlk) and the customer (beneficiary).
§2 Type of contract
2.1 The cooperation agreement concluded between WeSource and the service recipient is a service contract pursuant to §611 BGB.
2.2 A cooperation agreement may be concluded either in the form of subscriptions (with limited or unlimited service periods) or contingent contracts.
2.3 In areas where the various co-operation agreements differ, such as the start and duration of services, it is clearly indicated in the context of these General Terms and Conditions if a specific provision only applies to one specific type of co-operation contract.
2.4. In some selected countries, WeSource offers time-limited free trials. Users of this trial agree to be contacted by WeSource and informed about WeSource services.
2.5 All other provisions of these General Terms and Conditions apply without exception to all cooperation agreements concluded between WeSource and the customer.
3.1 These General Terms and Conditions (hereinafter referred to as "GTCs") are the basis of all closed cooperation agreements between WeSource as provider of the services stipulated in the cooperation agreement and the service recipient involved.
3.2. These General Terms and Conditions of Business, which are openly visible on the WeSource website at the time of signing the cooperation agreement, and which WeSource can make available to each service recipient upon request at any time as a copy in pdf.-form, are valid.
3.3 By signing the cooperation agreement, the service recipient declares his complete agreement to these General Terms and Conditions.
3.4 These terms and conditions apply exclusively. Conflicting or deviating from our terms and conditions of the customer, we do not recognize, unless their validity was expressly stated in the cooperation agreement in writing.
3.5 These terms and conditions also apply to all future transactions with the customer in the version valid at the time of the last contract conclusion. However, they only apply to entrepreneurs within the meaning of § 14 BGB.
§4 Contract conclusion
4.1 The cooperation agreement is concluded when WeSource receives the date and signature of the cooperation agreement offer in its original form, as a fax or copy, as a scanned PDF or photo or in another electronic form from the customer. It is also an explicit consent by e-mail to a bid as contract acceptance.
4.2 312i para. 1 no. 1, 2 and 3 as well as § 312i para. 1 sentence 2 BGB, which stipulate certain obligations of the contractor in electronic commerce, are hereby waived
4.3 Changes in the content of the cooperation agreement offered by WeSource are considered as a new offer by the customer. The contract is then only by explicit acceptance by WeSource to conditions. A service provision is not considered an implicit assumption.
§5 Performance description and scope
5.1 WeSource offers its service recipients modern recruitment solutions. Through the use of digital technologies, WeSource supports its service recipients in optimizing their own recruitment process and addressing suitable, qualified candidates directly and efficiently.
5.2 The services provided by WeSource for the purpose of supporting the recruitment process mentioned in 5.1 include, but are not limited to, optimizing the message templates, creating the message to be addressed directly, as well as advice on direct approach and recruiting.
5.3 The services provided by WeSource are selected and adjusted according to the individual needs of the beneficiaries and the vacant post.
5.4 Further explanations on terms and methods in the context of the provision of services are provided by WeSource to its service recipients on demand at any time, usually verbally, and also in written form if required.
5.5. The WeSource customer service ensures the benefit recipients continuous support during the performance period with regard to any questions about the co-operation agreements and the services provided.
5.6 WeSource reserves the right to use sub-cooperation partners at its own discretion.
§6 Start of service and duration
6.1 The start of service depends on the type of the co-operation agreement:
- In the case of cooperation agreements with an agreed term (subscription), both limited (without automatic renewal) and unlimited (with automatic renewal), the commencement date of the service corresponds to the subscription date of the cooperation agreement
- In the case of cooperation agreements with an agreed number of messages (contingent), the respective commencement of services takes place after call-up by the service recipient. Unrequested messages expire without meaning after expiry of the agreed period of service.
6.2 The duration of benefits is regulated by the service period as part of the cooperation agreement
§7 Basics of cooperation
7.1 WeSource undertakes to support the Beneficiary to the best of its knowledge and belief in its recruitment activities.
7.2 The recipient of the service undertakes to provide WeSource with all information and documents necessary for WeSource to optimally support the recruitment process (obligation to cooperate). This includes in particular the provision of the message templates and additional company information.
8.1 Invoices of WeSource UG (limited liability) are provided in electronic form as a file attachment of an e-mail in pdf format.
8.2 WeSource UG (limited liability) reserves the right to adapt the electronic invoicing in future in its own discretion to its own requirements, for example to make the invoices available as downloads on the website within a protected employer area.
8.2 Invoicing by post shall only take place if both contractual parties have agreed on this form of invoicing in writing in the framework of the cooperation agreement.
§9 Termination of the cooperation agreement
9.1 Collaboration contracts with an unlimited term (automatically renewing subscription) automatically extend to the initial term at the end of the service period unless terminated by WeSource or the Beneficiary with 14 days' notice to the end of the basic or renewal period.
9.2 Limited term contracts (non-automatically renewing subscriptions) terminate automatically and without notice of termination on the last day of the term as specified in the cooperation agreement. For contracts with a limited duration, ordinary termination is excluded.
9.3 Collaborative contracts, the subject of which is a fixed number of messages which can be called up flexibly by the service recipient (contingent), automatically end with the consumption of the messages acquired. Ordinary termination during the service period is excluded.
9.4 The right to extraordinary termination remains unaffected.
9.5 All terminations require the written form. Terminations of the Beneficiary shall be sent by e-mail to: email@example.com, subject to the specified period of at least 14 days before expiry of the current service period.
§10 Compensation of services
10.1 The remuneration for the services to be rendered by WeSource shall be determined in writing in the cooperation agreement concluded between WeSource and the customer.
10.2 All prices are exclusive of applicable statutory value added tax (net prices).
10.3 All payments become due without deduction at the latest on the 14th day after the invoice date.
10.3 The payment of the invoice amounts takes place - if not otherwise agreed - by transfer by the service recipient to the bank account indicated by WeSource on the invoices.
10.4 If the service recipient does not settle outstanding payments within the set period of 14 days, then he automatically arrives in default of payment without having to file a separate payment reminder or reminder.
10.5 WeSource reserves the right to suspend existing services in the event of late payment until the outstanding claim has been settled. Similarly, WeSource reserves the right to claim default interest and other damages for delay in accordance with §288 BGB against the recipient of the service and to make use of the right to extraordinary termination at its own discretion.
11.1 Upon acceptance of the offer, bilateral compliance with all applicable data protection laws is agreed at the same time.
11.2 The customer is hereby gem. Data Protection Act states that WeSource stores its data in machine-readable form and processes it for contractual purposes.
11.3 It is the Customer's responsibility to use the utmost care in the use of IDs, passwords, usernames or other security devices provided in connection with the Services, and to take any measures to ensure the confidentiality and security of the data guarantees and prevents their disclosure to third parties. For the use of his passwords or usernames by third parties, the customer will be held responsible if he can not sustainably state that the access to such data was not caused by him and the reasons for it could not be influenced by him. The customer is obliged to inform WeSource immediately about a possible or already known, unauthorized use of his access data. In case of breach of one or more of the obligations stated in these Terms and Conditions by the customer, in particular but not exclusively the one listed under this point, WeSource is entitled to terminate the services without further notice and to remove them from the website without any payment obligations of the customer to renounce.
12.1 The concluded cooperation agreement does not include any transfer of ownership or usage rights, licenses or other rights to any WeSource-owned software to the customer. All rights to the software used, trademarks, titles, trademarks and copyrights and other commercial rights of WeSource remain wholly owned by WeSource.
12.2 All work results and information produced and provided by WeSource for the Beneficiary are subject to the copyright of WeSource.
12.3 The customer bears sole responsibility for the press, competition law and other responsibility for the content intended for publication.
12.4 By placing the order, the customer confirms that all rights of use of the owners of copyrights, ancillary copyrights and other rights to the documents and data provided by the owner have been or may freely dispose of.
12.5 WeSource is explicitly allowed to name the customer as reference in publications on the Internet and print media. Aside from its company name the customer designates for this purpose the advertising materials, logos, and agrees to grant all the necessary rights to use them. The customer will inform WeSource, without request, if specific policies (e.g. Corporate Identity) for the usage of such logo or reference naming exist. The customer can be used as a reference until three years after the end of the contract.
§ 13 Final Provisions
13.1 Transfer of contract. WeSource is entitled to transfer the contractual relationship with the service recipient to a company affiliated with WeSource pursuant to Section 15ff of the German Stock Corporation Act. WeSource will announce the transfer to the Beneficiary in good time, at least four weeks in advance, and give the Beneficiary the opportunity to withdraw from the Agreement prior to the effective date of the transfer by expressly granting a special termination right. In case of a special termination, WeSource will reimburse prepaid fees in advance to the beneficiary.
13.2 Explanations. Unless otherwise provided, notices and declarations under this contract may be made in writing in accordance with § 126b BGB (eg by e-mail). WeSource can use the e-mail address provided by the service recipient in the order form. The service recipient WeSource will notify changes immediately.
13.3 Textual form. Changes to the cooperation agreement require the text form according to § 126b (eg e-mail, letter or fax). This also applies to the waiver of this formal requirement.
13.4 Set-off. The service recipient can with other
TC Version: August 07th 2018
WeSource UG (limited liability), Berlin, Deutschland