1. Validity of these GTC

These General Terms and Conditions (hereinafter referred to as GTC) govern the provision of the services on the website www.interim-x.com by INTERIM EXCELLENCE GMBH (hereinafter referred to as Interim Excellence) and their use by the user. By registering as a user with Interim Excellence, you accept these GTC. The contract for the use of our services is concluded by the user with Interim Excellence GmbH, Arcisstraße 61, 80801 Munich. The name of a person authorised to represent Interim Excellence GmbH, the commercial register data and other contact details can be found in the legal notice on our homepage.

2. User

  1. The user and anyone acting on behalf of the user is obliged
    1. to keep their access data for services requiring registration secret and to protect it against disclosure to third parties
    2. to change their password immediately if they have knowledge or reason to suspect that third parties have or may have gained knowledge of it,
    3. to inform Interim Excellence without being asked and without delay if he/she has knowledge or reason to suspect that unauthorised third parties are using a service using his/her access data or his/her access
    4. to use only true and complete data/access data and not to use pseudonyms
    5. to support Interim Excellence on request by providing information and taking other necessary and reasonable actions to clarify cases of unauthorised use of the services by third parties through misuse of the user's access data or access
    6. to take all necessary and reasonable measures on its own initiative and to support Interim Excellence on request in the implementation of measures to clarify dangers (e.g. defects, faults or damage) as quickly as possible and to avert and minimise them from Interim Excellence and other users if such dangers are related to the user or its employees and auxiliary persons, its access data, its access or its use of the services
    7. to notify Interim Excellence as soon as possible of any defects, faults or damage to the services and/or content that it recognises so that Interim Excellence can take appropriate countermeasures
    8. to immediately update the data, registration data and profile details to be provided upon conclusion of the contract in the event of changes
    9. to ensure on its own responsibility that the content it posts on a service or provides to Interim Excellence for posting on a service does not infringe the rights of third parties and that it has all authorisations required for its use of the services and for such posting or provision of content, including any authorisations under official, data protection, copyright, trade and labour law
  2. The user, his employees and auxiliary persons are prohibited from
    1. using the services without the required registration or providing false, incomplete or misleading information when registering
    2. using the services for purposes other than their own internal business purposes or otherwise contrary to the intended use
    3. gaining unauthorised access to the services by manipulating technical equipment or by other means
    4. accessing the services in any way other than via the user interfaces and interfaces provided by Interim Excellence, in particular by means of manual or automated procedures, malicious code, software or scripts or by accessing third-party accounts
    5. taking any action that is intended or objectively foreseeable to interfere with or manipulate the networks, servers, databases or other elements of the Services or to significantly impair the usability of the Services for Interim Excellence or other users
    6. allowing or enable any third parties (including, for example, affiliated companies) to use the Services (including, for example, by providing access data) in cases or in a manner other than authorised in writing by Interim Excellence
    7. reproducing, editing, transforming, distributing, transmitting, transfering, disseminating, reproducing, publishing, transmiting or performing a service, content other than that uploaded to a service by the user, content other than that provided by the user to Interim Excellence for uploading to a service or information obtained from the use of a service, to market, sell, rent, reverse engineer, decompile, disassemble, offer or make available for use by third parties, making accessible to third parties or authorise third parties to use it, unless the person using it is permitted to do so by law, these GTC or other agreements or has been given prior written permission by Interim Excellence
    8. posting content on interim-x.com or making content available to Interim Excellence for posting that violates third-party rights (e.g. personal rights, intellectual property rights or trade secrets), constitutes unfair competition, is defamatory, offensive, immoral, threatening, obscene or harassing, contains malicious code, is false or misleading or otherwise violates applicable law, these GTC or other agreements
    9. removing, altering, obscuring or concealing any proprietary, origin or property right notices or other references to third parties attached to or associated with the content
    10. continuing to access the services and content governed by the licence agreement after termination of their licence agreement with Interim Excellence

     

3. Liability of Interim Excellence

  1.  Interim Excellence endeavours to keep its own websites constantly available through the use of appropriate and reasonable protective measures. However, the user recognises that 100% availability of the websites is not technically possible. Circumstances beyond the control of Interim Excellence may lead to maintenance, security or capacity restrictions as well as disruptions or interruptions. Such circumstances include, for example, disruptions to public communication facilities, power failures, malicious code or 'hacker attacks', strikes and other labour disputes as well as force majeure. Warranty claims and claims for damages against Interim Excellence are excluded in the event of website failures due to these causes
  2. Insofar as Interim Excellence provides free services to the user, compensation for damages is also excluded for simple negligence, irrespective of the legal grounds
  3. In the case of fee-based services provided by Interim Excellence, claims for damages based on slight negligence, regardless of the legal grounds, only exist if an 'essential contractual obligation'/'cardinal obligation' has been breached; otherwise they are excluded. A cardinal obligation is a contractual obligation on the fulfilment of which the user may rely and the fulfilment of which makes the proper execution of the contract possible in the first place. In this case, claims for damages are limited to the foreseeable damage typical for the contract
  4. These limitations of liability do not apply in cases of mandatory statutory liability, in particular under the Product Liability Act, in the event of culpably caused injury to life, limb or health, nor do they apply if Interim Excellence has given express guarantees or in the event of claims due to the absence of promised characteristic

 

4. Data protection

The protection of personal and/or company-related data is a key concern for Interim Excellence..

Interim Excellence collects, processes and uses personal and/or company-related data in compliance with the data protection laws of the Federal Republic of Germany and the data protection regulations of the European Union. Interim Excellence uses personal and company-related data exclusively to enable the use of Interim Excellence's internet services that require registration. Under no circumstances will Interim Excellence transmit personal or company-related data for advertising or marketing purposes or for other unauthorised purposes to third parties who are not involved in the contractual relationship or who act as vicarious agents for Interim Excellence.

In all other respects, the data protection provisions of Interim Excellence apply, which can also be accessed via this link.

 

5. Accounts

Interim Excellence offers accounts that are aimed at different target groups or needs and may differ in terms of contract design, terms and scope of functions. Membership for interim managers is always free of charge.

5.1 Accounts for interim managers

Registration as an interim manager on interim-x.com is free of charge. To acquire projects via interim-x.com, interim managers require accreditation, which is also free of charge.

5.1.1 REGISTERED account

As a registered user (account status "REGISTERED"), the interim manager can familiarise himself with the functions of the platform and has an overview of current tenders from companies. For registered interim managers, an application for projects is always accompanied by an application for accreditation, which is decided on separately by Interim Excellence.

5.1.2 ACCREDITED account

With free accreditation, the interim manager can utilise an extended range of functions of interim-x.com. Interim managers become visible and contactable for companies and can apply for tenders from companies.

As part of the basically free ACCREDITED account, interim-x.com can charge a performance-related commission if an application for projects leads to a mandate. However, mandates that come about through direct contact between companies and interim managers are not subject to commission.

 

5.2 Accounts for companies

Companies can choose between the BASIC account, which is basically free of charge, and fee-based, fixed-term accounts.

5.2.1 BASIC-Accounts

A user registered as a company (account status "BASIC") can get to know the functionalities of the platform and view anonymised profiles of interim managers. In addition, BASIC accounts can advertise projects for which a fee may be charged.

In order to prevent misuse of the services provided, every company registration is first checked. If the company details can be verified in the course of the check, the user can then advertise projects for which interim managers can apply. The tendering of projects is generally subject to a fee and is charged per tendered project.

Companies are regularly verified if the information provided by the user indicates that the services are being used in accordance with the rules. Interim Excellence reserves the right to refuse verification of companies without giving reasons.

5.2.2 Paid, term-limited accounts

Interim Excellence offers verified companies various fee-based accounts with a range of functions that varies in scope compared to BASIC accounts. In addition, these fee-based accounts have a limited term, which can vary depending on the product selected. The contractual relationship and the respective term begin at the time of activation.

 

6. Termination of contract

The contract may be terminated at any time, subject to any contractual obligations, for example in the case of fee-based, fixed-term account models.

To terminate an account, it is sufficient for the user to notify Interim Excellence by e-mail, letter or fax. Interim Excellence will confirm the cancellation immediately by e-mail after checking any contractually agreed notice periods.

Paid accounts without automatic contract renewal will continue as free accounts with reduced functionality after expiry of the paid contract term without the need for cancellation by the user.

Paid accounts with automatic contract renewal are extended by a further contract period unless the account is cancelled before the end of the contract period. The date of receipt of the cancellation is decisive.

In the event of timely cancellation, chargeable accounts will also continue as free accounts after expiry of the contract period.

The right of both parties to terminate the licence agreement for good cause remains unaffected by the above provisions.

Good cause for Interim Excellence exists if the continuation of the contractual relationship until the end of the statutory cancellation period is unreasonable for Interim Excellence, taking into account all the circumstances of the individual case and weighing up the interests of Interim Excellence, the user and/or the user company. Important reasons include, but are not limited to

  • Legal regulations are not complied with
  • The reputation or standing of the services offered on the Interim Excellence website is significantly impaired by the presence of the user or the user company

 

If the important reason is the breach of an obligation arising from the contract with the user/with the user company, Interim Excellence will only terminate the contract extraordinarily after the unsuccessful expiry of a deadline set for remedial action or after an unsuccessful warning. In this case, too, the rights under section 8 are reserved.

 

7. Accreditation

In order to be able to use the full range of functions of interim-x.com, interim managers must be accredited by Interim Excellence. Accreditation is only possible in accordance with the procedure specified by Interim Excellence and using the specified (online) forms. Interim Excellence reserves the right to reject an application without stating reasons.

Accreditation consists of a multi-stage process, at the end of which Interim Excellence decides whether the person is accredited.

 

8. Subject to change and miscellaneous

  1. Interim Excellence reserves the right to amend these GTC at any time without giving reasons, unless such an amendment would be unreasonable for the user. Interim Excellence will notify the user of any changes to these GTC in good time. If the user does not object to the validity of the new GTC within six weeks of notification, the amended GTC are deemed to have been accepted by the user. Interim Excellence will inform the user of the right of objection and the significance of the objection period.
  2. The place of fulfilment is the registered office of Interim Excellence.
  3. If the user is a merchant within the meaning of the German Commercial Code (HGB) or an institution according to § 38 I ZPO, the place of jurisdiction for all disputes is the registered office of Interim Excellence. However, Interim Excellence also has the right to sue the user at the user's general place of jurisdiction.
  4. German law applies to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods, which has been incorporated into German law.