Terms and Conditions for usage of the pliXos B2B Marketplace
Version 27. June 2013
The B2B Marketplace (hereinafter referred to as “Marketplace”) is an online platform which enables companies having demand for software development or maintenance services (hereinafter referred to as “Customers”) to search for, issue tenders to and manage possible partners providing those software development or maintenance services (hereinafter referred to as “Providers”). Customers and Providers are collectively hereinafter referred to as “Users”.
In addition the Marketplace offers Customers further functionalities such as the administration of his tender projects, his company details, a list of Providers selected as his favourites, to provide ideas of improvements or an overall rating of the Marketplace for pliXos, the simulation of simple business cases, posting a possible software development or administration project to selected Providers, search the Marketplace for fitting Providers as well as access to a knowledge base provided by pliXos.
In addition the Marketplace offers Providers functionalities such as the administration of tender where he is invited by Customers, his company details and company skills, to provide ideas of improvements or an overall rating of the Marketplace for pliXos, the simulation of simple business cases, as well as access to a knowledge base provided by pliXos.
In addition the Marketplace is integrated with the pliXos Software as a Service (“SaaS”) products Outsourcing Advisor, Tender Manager and Outsourcing Director which may be used by Customers and/or Providers after aces is granted by pliXos, subject to a further services agreement with pliXos.
The Marketplace is operated by pliXos GmbH, Pippinger Strasse 123, 81247 Munich, Germany.
The Terms and Conditions (hereinafter referred to as “T_C”) shall apply to all contracts between any User of the Marketplace (whether Customer or Provider) and pliXos.
- User contract
- Service contracts
- Access to Marketplace
- Right of cancellation for consumers
- Use of the Marketplace
- Duration and termination of the contract
- Consequences of contract violations by Users
- Warranty and liability
- Extrajudicial dispute settlement
- Final provisions
3.1 Subject matter of the contract
This contract shall regulate access to the Marketplace for the purposes described in the preamble of these T_C, where users can introduce themselves and contact each other. pliXos creates, operates and maintains the Marketplace; however, it itself does not actively act as an agency / mediator between users. Where applicable, the subject matter of this agreement shall exclude third party services / applications embedded in the platform. A separate contractual relationship shall be established with such third parties. Furthermore, the subject matter of this agreement shall exclude any kind of extended services (“Extended Services”) provided by pliXos which are not basic to the Marketplace such as usage of the piXos SaaS products Outsourcing Advisor, Tender Manager or Outsourcing Director, consultancy by pliXos, any combination of the pliXos products or the Marketplace with consultancy or delivery of SW services in form of acting as a prime contractor).
3.2 Conclusion of contract
The user concludes a contract with pliXos by way of the online registration procedure and upon using the activation link in the verification E-mail sent by pliXos.
3.3 Access and fees
Basic access to the Marketplace as well as to basic functionality of the Marketplace is free of charge for users. Extended Services will be charged at extra cost and may include different scope of functions or access rights for users. The applicable prices and the respective scope of services can be viewed in Take a tour.
pliXos reserves the right to change the pricing models, as well as to extend, change or limit the functionality of the Marketplace or stop access to the Marketplace free of charge at any time.
3.4 Eligible users
The Marketplace is intended for the business to business space and by concluding a contract according 3.2 the User shall guarantee to be representing a natural or legal person legally constituted with a minimum company size of five full time employees or equivalent.
Furthermore, all Users must be persons of legal capacity, who are at least 18 years of age. Solely eligible to conclude contracts with pliXos are Users, i.e. natural or legal persons or legally constituted partnerships, who act in an independent professional or business capacity when concluding legal transactions.
Any company representative of a User concluding a contract shall guarantee to pliXos that he is authorized or commissioned by the User to execute the respective action.
pliXos shall have absolute discretion as to whether or not it accepts a particular applicant for access and participation in the Marketplace. Without limiting the foregoing, the Marketplace is not available to persons under 18 years of age. Each User is responsible for what occurs on their account and must report any unauthorized use of their account to pliXos.
4.1 Contract parties
The creation and negotiation of projects, the related contract conclusion and the fulfilment of the contract are solely the responsibility of the participating Users. The Users are also responsible for ensuring that the projects are in accordance with German law and the law of the respective Users. Users shall negotiate their projects independently with each other. pliXos shall not act as representative of any User and shall not become a contract party in a service contract concluded between a Customer and a Provider This would require pliXos explicitly agreeing in writing in line with agreeing to provide Extended Services at extra costs.
4.2 Content of the service contracts
Users are free to formulate the service contracts among themselves as they wish; however, the content of the service contracts may not contradict these T_C. The behaviour of the Users in fulfilling their service contracts influences the reputation of the Marketplace and thus pliXos. Therefore the Users assume an obligation towards pliXos to comply with and properly execute the concluded service contracts. In particular, this means that any concluded non-disclosure agreements must be observed, unless explicitly agreed otherwise between the service contract parties.
5.1 Account and profile
Users are required to create an account in order to be able to create a profile and access the Marketplace. Each User may have a maximum of one account, either as Customer or Provider. Use of the Marketplace is only possible if the mandatory information is provided. Users are obliged, inter alia, to specify a valid E-mail address as User name and a password. This E-mail address shall represent the domain of the User company (e.g. firstname.lastname @ companydomain.com) and not de build up by a 3rd party provider such as Google, Yahoo etc. In addition, Users must provide a valid E-mail address, which shall simultaneously serve as the means of communication between the User and pliXos.
5.2 Profile data and updates
The User assures that the data used for the creation of his account and profile is accurate and complete. If a User's profile data has changed, the User is obliged to immediately update his profile on the Marketplace. pliXos has the right to inspect the specified account and profile data; however, it is not obliged to do so.
5.3 Confidential processing of login data
The User is obliged to handle his login data with care, to process it confidentially and to prevent abuse of the login data by any third parties. In particular, this means that login data must be protected against unauthorized disclosure, alteration, unauthorized access or attacks, regardless of their kind.
5.4 Binding User account
The account is bound to the User and may not be transferred to any third party without the explicit consent of pliXos. Similarly, unless explicitly approved by pliXos, Users are not authorized to allow third parties to access their accounts by using their login data.
5.5 Data backup
Although the database of the Marketplace is updated on a daily basis, pliXos does not provide any guarantee for recovering any data in case of its loss. Users are obliged to perform daily backups of all data (e.g. profile data, project descriptions, offers etc.) related to their use of pliXos to such extent as is necessary.
If a buyer (equalling a User) is registered at pliXos for a purpose that is unrelated to his commercial activity, the following cancellation provisions shall apply:
6.1 Information on the right of cancellation
You may revoke your contractual statement in writing (e.g. by letter, fax or e-mail) within 14 days without stating a reason. The two-week period begins upon receipt of these written instructions - however, no earlier than contract conclusion and also not before our obligation to inform pursuant to § 312c, paragraph 2 of the German Civil Code (BGB) in conjunction with § 1, paragraph 1, 2 and 4 of the regulation on information disclosure (BGB-InfoV.) as well as our obligations according to § 312e, paragraph 1, clause 1 of the BGB in conjunction with § 3 of BGB-InfoV are fulfilled. In order to observe the cancellation period, it is sufficient to send the cancellation notice within the time limit. The notice must be sent to:
Pippinger Strasse 123
6.2 Consequences of cancellation
In the event of a valid cancellation, both parties shall be obliged to restore any services already received in accordance with legal provisions and issue any accrued benefits (e.g. interest). The obligations with regard to the reimbursement of payments must be fulfilled within 30 days. For you (User), this term starts with the sending of your cancellation notice; for us, this term starts with its receipt.
7.1 Obligation for the observance of legal requirements
Users can take advantage of various services when using the Marketplace. This includes, e.g. the function to deliver content to other Users and the possibility to upload one's own content, in particular, content related to the own company, potential project or own capabilities in form of documents, pictures etc. The User is obliged to observe any applicable law while using the Marketplace (including, in particular, criminal, competition and youth protection laws) and not to violate the rights of third parties (in particular trademark rights, copyrights, personal rights and data protection rights). In particular, this also means that the User may not send or upload advertising messages (spam messages in particular) or any other content not in compliance to common business ethics without the consent of the recipient. If the content set up by the User includes hyperlinks to websites of third parties, the User shall ensure that he is authorized to use these hyperlinks and that the websites to which a link is established are compliant with applicable laws and the rights of third parties within this context.
The material on this Marketplace is protected by copyright, trademark, and other applicable laws. The User may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the Marketplace, including but not limited to text, audio, video, code and software. pliXos neither warrants nor represents that Users use of materials displayed on the Marketplace will not infringe rights of third parties not owned by pliXos or affiliated with this Marketplace.
Any data or information entered or uploaded to the Marketplace does not reflect pliXos’ views and pliXos does not have any obligation to monitor, edit, or review any information entered or data uploaded on the Marketplace. The User is solely responsible for the content that he enters or uploads on the Marketplace and any material or information that the User transmits to other Users and for his interaction with other Users.
pliXos assumes no responsibility or liability arising from the content of any such data or information entered or uploaded by a User nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such data on the Marketplace. The User is strictly prohibited from entering, uploading or transmitting any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
Without limiting the foregoing, the following behaviours are strictly prohibited:
- Strong, vulgar, obscene or otherwise harmful language,
- Racially, ethnically or otherwise, objectionable language,
- Harassing, intimidating, stalking or threatening other community members,
- Libellous, defamatory or otherwise tortuous language,
- Online vandalism,
- Impersonation of another person,
- Posting, distributing, transmitting or promoting illegal content,
- Invasion of another's privacy,
- Actions that are hurtful to minors,
- Posting, providing, transmitting or otherwise making available any materials or information infringing on the rights of a third party, Posting, providing, transmitting or otherwise making available any junk mail or spam, and
- Posting, uploading, emailing or otherwise transmitting any material that contains any malicious computer code, or reverse engineering or hacking any materials on the Marketplace.
pliXos will fully cooperate with any law enforcement authorities or court order requesting or directing the Marketplace to disclose the identity of anyone posting any such information or materials.
pliXos assumes no responsibility for content posted by Users and assume no responsibility for activities, omissions or other conduct of Users. pliXos acts as a means for the online distribution and publication of User information and has no obligation to screen communications or information in advance and is not responsible for screening the information and materials posted by Users.
Nothing on the Marketplace shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its website, products, services, hiring, experience, employment or retention practices or otherwise.
7.2 Minimum tender volumes
Customers shall only place tenders with a minimum tender volume of EURO 5.000.
7.3 Prohibition of multiple accounts, fake tenders, offers or bids
It is crucial for pliXos that only seriously minded tenders are issued by Customers as well as only seriously minded offers and bids are published by Providers. Therefore, Users are prohibited from publishing tenders, offers or bids as putative Customers or Providers, without seriously intending to fulfil such tenders, offers or bids.
Users will not create multiple user accounts for the Marketplace for any reason, or under any circumstance. If a User issues a tender, he is not allowed to create another account to bid on it, nor can he award himself a project.
7.4 User prohibitions
Some groups may not be permitted to utilize the services of the Marketplace, such as consultants, staffing agencies, recruitment organizations and others. Utilization of this service is at pliXos discretion.
7.5 Recommendation function
When a User wishes to inform a third party about the existence of the Marketplace by means of the recommendation function provided on the Marketplace, this User has to first ensure that the third party agrees to the receipt of this message.
7.6 Rating and feedback function
On the Marketplace, pliXos provides a feedback and rating system through which Users can express their opinions on other Users with whom they have performed a project. Users are obliged to submit their evaluation in a truthful and well-balanced and objective manner as possible. pliXos has the right to delete evaluation entries; however, it is not obliged to do so. There shall be no general control of submitted evaluations.
In addition pliXos provides a rating of Users based on a proprietary, neutral mechanism implemented by pliXos or a well selected, neutral partner.
7.6.1 Use of Customer rating and feedback function
Users will not engage in personal attacks, negative or other unfair criticism or other forms of discourteous and unprofessional online conduct or practices.
Customers shall always leave objective balanced feedback about the other Providers with whom they have interacted. Customers may be held legally responsible for damages suffered by Providers or third parties as a result of the Customers remarks if a court finds that the Customers remarks are legally actionable or defamatory. pliXos is not legally responsible for any feedback or comments posted or made available on the Marketplace by any Users or third parties, even if that information is defamatory or otherwise legally actionable.
Providers acknowledge and agree that the Marketplace contains public feedback from Customers with whom they have transacted. Providers acknowledge that feedback results for him may consist of comments and ratings left by Customers and that pliXos may calculate a composite feedback number based on these individual ratings. Providers agree to be rated by Customers along several criteria, as determined by pliXos. pliXos provides its feedback and rating system as a means through which Customers can express their opinions publicly, and pliXos does not monitor or censor these opinions or investigate any remarks posted by Customers for accuracy or reliability unless a Provider brings the posting to pliXos’ attention.
The User agrees to report violations or abuses of pliXos rating and feedback system immediately by contacting pliXos, and agrees not to take any actions that undermine the integrity of the feedback system, including but not limited to the following:
- Leaving feedback for himself using a secondary User account.
- Leaving fake or inaccurate feedback for another User.
- Soliciting other Users to leave fake or inaccurate feedback.
- Threatening to leave negative feedback to induce another User to perform a task not in line with the objectives of the Marketplace or required by the T_C.
- Withholding deliverables or funds to induce another User to leave positive feedback or no feedback.
- Feedback solicitation such as offering to sell or buy services in exchange for good feedback, trading feedback undeservedly or buying feedback.
- In order to protect the integrity of the feedback system and protect Users from abuse, pliXos will investigate and has the right (but is under no obligation) to remove posted feedback or information under the following scenarios:
- It seeks to elicit or solicit any User's contact information, such as other Users' email addresses, for any non-Marketplace related commercial or business purposes, or to transmit any unsolicited advertising, "junk mail," "spam," or "chain letters."
- It contains language that is profane, vulgar and racist or contains adult material.
- It is shown to have been left by any User who is in violation of pliXos eligibility requirements, or by or for a User who has conducted any fraudulent transaction.
- It makes any reference to actions taken or purported to be taken by pliXos or any law enforcement organization. The User who posted the feedback or information is participating in a Marketplace transaction with the intent of leaving feedback as part of a campaign to harass Marketplace member(s) (as verified by pliXos).
- The User who posted the feedback or information informs pliXos that it was intended for another User and posts the feedback or information for the appropriate User. This does not apply to feedback that was mistakenly marked negative instead of positive or vice versa, in which case the User can contact pliXos to file a feedback review request.
7.6.2 Rating by pliXos
Not yet implemented.
7.6.3 Copyright of rating and feedback functions and results
By using the Marketplace, the User acknowledges that he transfers copyright of his feedback, reputation and reviews he leaves, consisting of comments and a multidimensional rating (e.g. on quality, relationship etc.) together with a composite rating by pliXos. The User acknowledges that this feedback belongs solely to pliXos. The User may not use it or deal with it in any way inconsistent with the Marketplace T_C or pliXos policies, without pliXos’ prior written permission.
The pliXos rating and feedback system as well as the results belong to pliXos and may not be used for any purpose other than facilitating the exchange of services between Users within the Marketplace. Users may not use the pliXos rating and feedback (including, but not limited to, marketing or exporting his composite rating or feedback) in any real or virtual venue other than the Marketplace without pliXos written permission.
7.7 Acceptance of Customer feedback and rating by pliXos
By using the Marketplace, the User agrees that pliXos is entitled to publish the results on him based on input from other Users as well as the results on him based on a proprietary, neutral mechanism implemented by pliXos or a well selected, neutral partner. In case the User is unsatisfied with the results on him, he may contact pliXos and pliXos may set the results on him to “not available” or “null” at pliXos’ sole discretion.
The User agrees that in no event shall pliXos be liable to the User or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from use of the Marketplace and being rated by pliXos or other Users even if pliXos has been advised of the possibility of such damages.
Some jurisdictions do not allow the disclaimer, exclusion or limitation of incidental or consequential damages, so the foregoing disclaimer, exclusion and limitation may not apply to a particular User, and he may have other legal rights that vary according to jurisdiction. In no event will damages provided by law (if any) apply unless they are required to apply by statute, notwithstanding their exclusion by contract.
7.8 Granting of rights
The User shall grant pliXos a non-exclusive, temporally and spatially unlimited right of use of the provided content. pliXos has the right to use and dispose of the content at any time. In particular, this includes reproduction rights, distribution rights, public information rights as well as the right of public accessibility.
The User agrees and acknowledges that unless explicitly requested otherwise by User in writing, pliXos may display the Users company name, logo and public description of the Users profile as part of the Marketplace or pliXos website(s) and / or other pliXos marketing material.
7.10 Guarantee of proprietorship
The User guarantees that he is the owner of all rights related to the setting up of content on the Marketplace and that he is legally capable of effectively granting the rights specified in this T_C to pliXos. Furthermore, the User guarantees that the content is not protected by the rights of third parties, who could prevent the contractual granting of rights. Moreover, the User guarantees that the content is already published or that the copyright owner will not take legal action against publications by the User on the Marketplace. The User guarantees that the use of the content in the scope of this contract does not violate any personal rights of third parties and, in particular, that any represented persons agree to the contractual use of the content.
7.11 Indemnity against claims of third parties
Upon pliXos' first request, the User shall release pliXos from any liability in connection with claims of third parties, including, in particular, claims regarding the violation of copyrights, competition rights, trademark rights, data protection and personal rights, which may arise due to the use of the Marketplace by the User. The User must immediately notify pliXos if he receives information that a third party intends to take legal action in connection with the use of the Marketplace. pliXos has the right to institute appropriate measures to defend itself against the claims of third parties or to pursue its own claims. The User's own measures must be agreed with pliXos in advance. This release of liability also includes the reimbursement of the relevant costs, which pliXos shall incur/has incurred in the course of asserting its legal rights.
7.12 Blocking and deletion of content
pliXos is entitled to block access to individual content or to delete this content at any time. This shall apply, in particular, if such content is suspected of violating applicable law or the rights of third parties, or if projects have been fully completed or pliXos rates the content is entered into the Marketplace for the sole purpose of marketing and in contradiction to the purpose of the Marketplace and intentions by pliXos (e.g. if a User refers to a website of a competitor of pliXos or purely advertises a product or another website).
7.13 Rights to the Marketplace and prohibition of interfering
All rights related to the Marketplace (in particular copyrights) belong to pliXos. The User is obliged to observe this and undertakes not to use parts of the Marketplace or any other content whatsoever himself - personally or commercially - beyond the options provided to him in the scope of use of the Marketplace. This means, in particular, that Users shall not use data and information that has come to their attention through the Marketplace beyond communication within the scope of an own project being part of the Marketplace. In particular, it is prohibited to use such information for advertising, sending unsolicited e-mails or for other unacceptable purposes.
The User expressly agrees not to:
- Use the Marketplace or its contents for any commercial purpose other than intended by pliXos and described by this T_C;
- "frame", "mirror" or otherwise incorporate any part of this Marketplace into any other website without prior written permission of pliXos. The User must abstain from all actions which might manipulate, interfere with and/or overload the operation of the Marketplace or the supporting technical infrastructure and its functions/means of access. In particular, this includes the following:
- To access, monitor or copy any content or information of the Marketplace using any software, virus, robot, spider, scraper, scripts, databases or other automated means or any manual process for any purpose with the use of the Marketplace;
- To violate the restrictions in any robot exclusion headers on the Marketplace or bypass or circumvent other measures employed to prevent or limit access to the Marketplace;
- deep-link to any portion of the Marketplace for any purpose without our express written permission;
- Taking any action that imposes, or may impose, in our discretion, an unreasonable or disproportionate burden or load on our infrastructure;
- The blocking, overwriting, modification, copying of data and/or other content, unless this is necessary for the proper use of the Marketplace.
- The attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by pliXos in connection with the Marketplace or the related services.
The up to date contact details of pliXos are available on the Marketplace in form of links to the respective part of the pliXos website. The details indicated in the User profile within the Marketplace are deemed as the contact details of the User. Declarations sent to these contact details via E-mail or fax are deemed as received upon sending, via post five days after sending if no later receipt is proven. The User acknowledges that declarations transmitted via E-mail between him and pliXos or other Users are deemed as absolutely effective declarations of intent. An E-mail is considered as originating from the holder of the sender address, except counterevidence is provided.
7.15 Proper publication of company details and contact data
The communication with other Users about tenders and proposals published on the Marketplace shall only take place via the Marketplace. The Users are obliged to enter their contact information only in the fields that are specifically provided for this purpose in their profiles and not in other, publicly accessible fields, regardless of their form.
7.16 Code of conduct
7.16.1 For Customers
The Customer shall agree to the following code of conduct:
- Post tenders with clear scope, well-defined deliverables and required time frames. In case of interest, to contact pliXos for support. Answer any clarifying questions from Providers.
- Award a contract only when the proposal of the respective Provider has a clear description of the work, well-defined deliverables and milestones, precise time frames and payment terms.
- Evaluate multiple proposals against criteria important to you, such as Provider's understanding of Customers requirements, identification of named key resource, team fluctuation, domain knowledge, skills, strategic fit, references, location, communication style and cost.
- Ask the Provider to define key milestones and payment schedules.
- Ask for the Provider's availability at Customers onsite location as well as offshore and standard response times.
- Build on the pliXos SaaS products offered as an extension to the Marketplace to manage the awarded project in order to deliver the expected results in quality, time and budget.
- Post tenders that are fake, posted without the intention to award the project or posted only to receive pricing information. Post tenders that are vague, making it hard for Providers to bid accurately.
- Post tenders that offer commission or equity compensation.
- Post tenders that request free services.
- Post tenders to only advertise skills, products and websites on the Marketplace or to sell something.
- Post tenders that contain references to websites of a pliXos competitor
- Post tenders with the purpose of cloning pliXos SaaS tools or the Marketplace.
- Post tenders solely in capital letters as it can be seen as offensive by some Users.
- Post tenders for hacking activity or other illegal activities.
- Post any Assignment, submit any proposal that violates, or has the potential to violate, the integrity of academic and professional applications, tests and work, for example, by passing off the skills, ideas or words of another as one's own; using another's production of content without crediting the source; presenting as new and original, ideas or products derived from an existing source; presenting fabricated facts, persons or sources as real.
7.16.2 For Providers
- As a Provider, you agree to follow these guidelines when you submit a tender response in form of a proposal:
- Provide proposals only for tenders that you are a good fit for and you can complete according Customers’ expectations in quality and time.
- Write a specific, detailed proposal with clear scope, deliverables and milestones.
- Set expectations that you can meet or exceed.
- Specify payment terms that tie to the completion of milestones.
- Specify how change orders will be handled.
- Specify how warranty work will be handled.
- Submit an accurate proposal reflecting your understanding of the scope of the tender and the amount of time/effort you plan to commit etc. in line with any pricing models requested by the Customer.
- Inform the Customer of your onsite and offshore office hours and committed response time – as applicable.
- Not to write proposals solely in capital letters as it can be seen as offensive by some Users.
- Not to write Proposals in a language other than English unless requested otherwise by the Customer.
- Not submit unreasonably low proposal prices or test proposals.
- Not submit proposals that are made with the intent to commit fraud.
- Not submit boilerplate, placeholder or generic proposals.
- Not offer your services in exchange for good feedback or for free.
7.17 Ideas of improvement
By sending us any ideas, suggestions, documents or proposals ("Ideas"), User agrees that (i) his Ideas do not contain the confidential or proprietary information of third parties, (ii) pliXos is under no obligation of confidentiality, express or implied, with respect to the Ideas, (iii) pliXos may have something similar to the Ideas already under consideration or in development, and (iv) the User grants pliXos an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Ideas, and the User irrevocably waive, and cause to be waived, against pliXos and its other users any claims and assertions of any moral rights contained in such Ideas.
8.1 Duration of the contract
The duration of the contract is three months starting with first online registration procedure and using the activation link in the verification E-mail sent by pliXos according section 3.2.
8.2 Contract extension and cancellation period
The duration of the contract shall be automatically extended if the contract is not cancelled by one of the contract parties by 12.00 o'clock pm of the final day of the contract period.
8.3 Fee changes by pliXos
Should pliXos decide to charge or adjust fees for the various types of the services provided by the Marketplace, the Users who are affected by this adjustment will be informed at time of their next log in after this adjustment and will have the option to accept or decline the changed fees by pliXos.
8.4 Extraordinary termination
Both pliXos and the Users have the extraordinary right to cancel the contract for cause. For pliXos, there shall be good cause to cancel this contract particularly during the first ten days after the contract has been concluded and whenever pliXos has the right to demand lump sum damages in accordance with section 9, if the User does not comply with claims for remuneration despite receiving a reminder, and/or sustainably violates his obligations according to sections 4 and 5 of this T_C. In such cases, pliXos also has the right to prevent the User from accessing the Marketplace without terminating the contract.
8.5. Consequences in the event of contract termination
After termination of the contract, the User shall no longer be allowed access his User account and cannot view tenders, proposals, any other User data or other content stored on the Marketplace. pliXos has the right to delete content. pliXos has the right to continue providing its services in order to conclude any open transactions with other Users. pliXos reserves the right to inform other Users about the termination of a contractual relationship. Once a contract is terminated and/or a User is suspended by pliXos as per section 8.4, this User shall not be permitted to re-register.
9.1 Lump sum damages
The User (or Users as joint debtor) is obliged to pay a flat-rate amount of damages for certain violations against the T_C, which are defined in more detail in section 9.2, unless these Users are not responsible for the corresponding violation. This shall not affect pliXos' right to claim further damages. Users are allowed to provide proof that no damage has been incurred or that the incurred damage is significantly lower.
9.2 Amount of the lump sum payment
The amount of the lump sum payment according to 9.1 shall amount to EUR 2.000 if the User violates the prohibition against
- the submission of fake tenders or proposals as per section 7.3.
- technical interfering as per section 7.13
- renewed registration after cancellation or suspension by pliXos as per section 8.5
- the registration of more than one account as Customer or Provider as per section 5.1
pliXos shall endeavour to provide a failure-free operation of the Marketplace and allow Users access to the stored data. Naturally, this is limited to services within pliXos' control. Nonetheless, the User explicitly acknowledges that it is not technically feasible for pliXos to offer complete, 100% availability. Notwithstanding, pliXos shall still endeavour to keep the Marketplace available for as long as possible. Users shall not have the right to file claims regarding availability. In particular, pliXos reserves the right to restrict access to the Marketplace, completely or partially, temporarily or permanently, due to maintenance works, capacity considerations and due to events, which are beyond pliXos' control. Individual Users are also not allowed to pursue claims with regard to the preservation of certain functions and services by pliXos.
10.2 Limitation of liability
In case of slight negligence, pliXos may only be held liable for the violation of contract-essential obligations (cardinal obligations), for personal injuries and according to the provisions of the Product Liability Law. For the remaining part, pliXos' pre-contractual, contractual and extra-contractual liability is limited to intent and gross negligence. This limitation of liability shall also apply in such cases where a vicarious agent of pliXos is at fault.
11.1 Scope and purpose of the collection, processing and use of personal data upon visiting pliXos' Marketplace, SaaS tools or website
11.1.1 Upon visiting pliXos' website
Each time someone visits our Marketplace, SaaS tools or website, our servers temporarily store information about the accessing agent in a log file. In the course of this procedure, the following data is collected and stored, without any action on your part, until the time of automatic deletion: the IP address of the accessing computer, the date and time of access, the name and URL of the retrieved file, the website from which access is made, the operating system of your computer and the browser used by you as well as other technical data, the name of your Internet Access Provider, your language configuration and geographical origin.
This data is collected and processed for the purpose of enabling visitors to use our website (to establish a connection), to permanently guarantee the security and stability of the system, to enable the technical administration of the network infrastructure and the optimization of our internet offer as well as for internal statistical purposes. The IP address shall only be analyzed in case of attacks against pliXos' network infrastructure and for statistical purposes.
11.1.2 Upon the registration as a User with pliXos
Personal data for the creation and completion of the profile on the Marketplace is provided on a voluntary basis. Nonetheless, the accurate input of certain data is crucial. This data includes: a User name, a password, your name and the name of your company, your full address, your E-mail address and telephone number.
This data is necessary for the development and administration of the Marketplace by pliXos, for checking the plausibility of the entered data and the User's legal capacity, i.e. his capacity with regard to the establishment, organization of content, the maintenance and modification of the contractual relationship in the course of use of the Marketplace, further pliXos SaaS products and for eventual inquiries.
11.1.3 Using the Marketplace as a registered User
During the use of the Marketplace by registered Users, we collect data for statistical reasons to ensure the uninterrupted functionality of the Marketplace, to fix malfunctions, for a better understanding of Users' needs and subsequent product optimizations and personalization, and to display such data to other Users. This includes, in particular, tenders or proposals and if applicable payment information submitted by you and the entire correspondence with other Users or with us via the Marketplace. Data concerning your profile within the Marketplace, if applicable including electronic copies of proof of declarations made in your profile are also stored. In particular, your E-mail address is used to send you e-mails regarding the project status, etc. In case of a separate consent, the E-mail will also be used to inform the User via E-mail about pliXos or current promotions or participate in surveys for market research purposes or quality assurance.
11.2 Forwarding your personal data to third parties
Your personal data is forwarded/displayed to third parties, in particular to other Users or affiliated companies, only to the extent that this is according the standard features of the Marketplace. Information that may be viewed by third parties includes, in particular, information about the tenders or proposals that were posted or completed via the Marketplace up to that point of time and any submitted or received evaluations.
Beyond that, we shall forward your personal data to third parties only if there is a legal obligation for us to do so and if it is necessary for the assertion of our rights, in particular for the enforcement of claims resulting from the contractual relationship.
11.3 Disclosure, correction, blocking and deletion of your data
You may request information about your personal data at any time, or view and change such data in your profile visible to other Users by logging in to the Marketplace. Your data shall be deleted or at minimum any access disabled upon termination of the contract.
11.4 Data security
We apply appropriate technical and organizational security measures in order to protect your personal data against manipulation, partial or full loss and against unauthorized access by third parties. Our security measures are continuously being improved in keeping with technological developments.
In many respects, cookies help to make your visit to the Marketplace simpler, more enjoyable and more worthwhile. Cookies are alphanumeric information files, which your browser automatically saves to the hard drive of your computer whenever you visit our Marketplace or website.
If you deactivate cookies, you may not be able to use some functions of the Marketplace.
In case of legal problems resulting from a service contract, the User must send a relevant substantiation of his claim/complaint to the other User being the service contract party via pliXos before initiating arbitration or court proceedings. The other service contract party will be granted a 15-day period to state its opinion and resolve the conflict. The affected party may only initiate arbitration or court proceedings after the expiration of this period. This clause shall not apply if a consumer (pursuant to § 13 of the German Civil Code/BGB) is party to the service contract.
13.1 Applicable time designation
For all time designations, time periods, dates and deadlines, the Central European Time and respectively the Central European Summer Time (CET / GMT+1 respectively CEST / GMT+2) shall be applicable.
13.2 Invalidity of individual provisions
Should one or several provisions of these T_C be or become invalid, this shall not affect the validity of the remaining provisions.
13.3 Applicable law and court of jurisdiction
The laws of the Federal Republic of Germany with the exclusion of the UN sales law shall apply. If the User is a commercial User, the place of jurisdiction for all disputes arising from or in connection with this contract, regardless of their legal foundation, shall be the registered office of pliXos at the time of conclusion of the contract.
13.4 Authorization to amend the contract
All alterations or additions to the contract must be made in writing (e.g. by Fax or E-mail). This shall also apply to amendments to these regulations. pliXos has the right to amend the contractual terms by observing a notice period of 30 days. If the T_C are amended, the User shall have the right to extraordinary termination, which must be enforced within one week of notification. If the User continues using the Marketplace this right to extraordinary termination expires. Log in to the platform is not considered as usage, whereas does in particular posting a tender, proposal, search for providers or any other active usage. This shall not affect the User's remaining termination options.
13.5 Assignment and assumption of contract
pliXos has the right to assign this contract along with all rights and obligations to a company of its choice. The assignment shall become effective 30 days after the User has been notified. If this contract is assigned, the User shall have the right to extraordinary termination, which must be enforced within one week of notification.
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