Terms and conditions for clients
Valid from: 09/2017
- These General Terms and Conditions (” T&Cs”) apply to the use of greatcontent AG, Friedrichstraße 194, 10117 Berlin (“GC”, “we”, “us”) internet platform (the “Platform”) www.greatcontent.com, which offers its users (“Client”, “Clients”, “you”), particular GC services related to the creation, proofreading and translation of individually prepared texts or content.
- The client’s terms and conditions shall not form part of this contract, even if GC does not specifically reject them.
- GC only concludes contracts with contractors within the meaning of Section 14 of the German Civil Code. These terms and conditions therefore only apply in relation to contractors within the meaning of Section 14 of the German Civil Code.
- Changes to these terms and conditions shall be communicated to clients by GC in writing. These changes shall be considered accepted if no written objection from the client is received by GC within a month after the date of receipt. GC shall inform clients of the consequences in a notification of changes. The timely sending of the objection is sufficient to meet the deadline.
- The current version of the terms and conditions can be viewed, printed out and/or stored as a PDF document locally on a suitable medium from www.greatcontent.com.
§2 Object of the Contract; Additional GC Services
- The client can use the platform to receive the following services from GC, as well as in the context of each individual assignment to be agreed:
- Copywriting: GC offers the client the creation of individual texts (so-called ‘copywriting’) on predefined themes, goals, terms (so-called ‘keywords’) provided by the client.
- Proofreading: GC offers the client correction services (so-called ‘proofreading’) of existing content (including correction of vocabulary, grammar, spelling, punctuation and syntax).
- Copy Editing: GC offers the client specific editing services (so-called ‘copy editing’).
- Translation: GC offers the client translations of content from one language (source language) to another language (target language).
- All of the services ordered clients on the platform (including the services mentioned in this Clause 2.1) and the corresponding performance results are referred to hereinafter as “GC services”.
- Where appropriate, GC provides the client with the following on the platform: Information about specific authors, the (quality of) texts and about the copywriting in general.
- The client can refer to the Frequently Asked Questions (FAQ) section on the platform which normally answers the questions most frequently asked by clients.
- At its sole discretion, and where appropriate, GC provides the possibility of additional support (e.g. hotline support)
- These terms and conditions govern the legal conditions for the implementation of the respective individual assignments concerning GC services. The exact nature and content, as well as any deadlines and specific compensation, will be determined within the scope of individual assignments.
- The provisions of these terms and conditions constitute an integral part of the individual orders. In instances of contradiction between the provisions of these terms and conditions and the provisions of individual orders, the provisions of the individual orders shall prevail.
- For the provision of services to the client, GC normally – at its sole choice and discretion – uses the help of contractors (authors) who create the texts assigned by the client for GC. A contractual relationship shall, however, only exist between GC and the client. There will be no contractual relationship between the writer active for GC and the client with regard to the GC services.
§3 Registration and Use of a GC Account
- In order to make use of GC services, you must register on the platform as a client and accept these terms and conditions. After successful registration, GC will set up and activate an account for you (the “GC Account”). With the activation of the GC account, a framework agreement between the client and GC concerning the purchase of particular GC services to be assigned shall come into existence.
- The client is obliged to provide the requested data and information in a complete and correct manner when registering on the platform. Only contractors within the meaning of Section 14 of the German Civil Code can register on the platform as clients.
- The client is obliged to edit the data and information provided for his or her GC account during registration in a timely manner in case of changes (e.g. due to relocation, change of email address).
- The GC account may only be used by the registered client.
- The client is obliged to keep his/her password for the GC account safe and to ensure that access to his/her GC account is carefully secured. He/she shall ensure that no unauthorized third party has gained knowledge of the password. The client is obliged to keep the password confidential and change it immediately if he/she suspects that unauthorized third parties have gained knowledge of the password. The client is obliged to inform GC immediately if there is evidence that his/her GC account was misused by third parties. If a further misuse is feared, the client shall notify GC in writing to email@example.com to block his/her GC account (“blocking notification”). The client shall be liable to GC for damages caused by a culpable breach of the aforementioned obligations. The client is responsible for all activities that occur on his/her GC account, also for improper activities by third parties, unless he/she is not responsible for the abuse.
§4 Conclusion of contract between the Client and GC Concerning individual orders
- The client can request the provision of a GC service by GC on the platform by means of an individual order (e.g. for the creation of a text). The client will then receive a confirmation of receipt of the request from GC. If necessary, GC and the client can modify the exact nature and content of the GC service, including the deadlines and remuneration (“Service Conditions”). A contract between the client and GC for the provision of GC services shall only come into existence if the client receives a subsequent notification from GC in which the individual order, with the service conditions, is confirmed to the client.
- GC is free to reject individual order requests. The decision is at the discretion of GC. Should GC reject a client’s request regarding an individual order, GC shall promptly inform the client of this by email.
§5 Description of the GC Services for the Client
- The requests issued by the client using the platform concerning GC services must be formulated unambiguously and must particularly include all the information that the platform requests.
- The client must take care that his/her individual order does not
- infringe on the rights of third parties (in particular brand and other trademark rights, copyrights); and
- does not promote violence and is not racist, defamatory or personality hurtful, illegal, or contrary to public morals.
§6 Choice of Writer; Contact with Writer
- The platform offers clients three different choices in terms of the authors available and active for GC for the provision of GC services:
- GC-selected writer: If the client chooses the ‘GC-selected writer’ option, then GC will select, at its own discretion, a suitable writer for the assignment according to the client’s requirements. The client shall exercise no influence over GC’s selection of authors.
- Selection of the writer group by the client: The client has the option of limiting the choice of authors, i.e. by selecting a group to which the authors belong (e.g. experts in the field of architecture). GC will then choose, at its own discretion, a suitable writer from this group according to the client’s requirements.
- Client-selected writer: The client can select a particular writer available on the platform or choose a specific GC writer known to him/her.
- The details of these three selection options are explained in more detail on the platform. Irrespective of the option chosen by the client, a contract shall only exist between GC and the client. No contract shall exist between the client and a particular writer.
- The client may not, without GC’s prior written consent (i) contact the writer provided by GC for the provision of the services, unless this is allowed on the platform as part of a special service in a particular case, (ii) contact/solicit the authors which the client receives in connection with the services to be performed and/or (iii) commission authors directly in his/her own name, bypassing GC. A breach of the provisions of clause 6.2. constitutes sufficient grounds for termination as outlined in clause 12.4 and 12.5.
§7 Acceptance of GC Services by the Client
- After the GC service is completed, GC will make it accessible and available for download by the client on the GC account and will inform the client hereof. The time of delivery of the relevant GC service is considered the time it is made available in the GC account.
- If the GC services are acceptable, the client must accept the GC services using the function provided on the platform within a reasonable time period, provided that the GC services have been rendered in full and in accordance with the contract. Otherwise, the GC services shall be deemed accepted without explicit acceptance by the client. A reasonable time period in the context of the above provision shall normally be a period of three working days from notification by GC.
- Should the GC services not meet the standard agreed by the parties, the client can request for corrections be made in the manner described in clause 8 of these terms and conditions.
§8 Corrections/Defect Rights
- If the GC services do not correspond to the services agreed by the parties, the client can request a correction as per the contractual provision of services. The client can communicate correction requests to GC using the features provided on the platform. Correction requests must be formulated as precisely as possible, otherwise, a timely correction can not be guaranteed and/or unnecessary or time-consuming clarifications and revision loops will be required.
- Once GC has made the corrections or revisions, GC will make the GC service available in the client’s GC account again and inform the client hereof. In this case clauses, 7.1 and 7.2shall apply accordingly.
- The client can ask for a maximum of three correction requests and GC is entitled to three revision attempts concerning any deficient GC services. Should GC, after the third correction attempt, have still not brought the GC services to the contractual standard, the client has the right to withdraw from the corresponding individual assignment with GC.
- The client’s right to withdraw from the individual assignment is excluded in the case of insignificant defects.
- GC will endeavor to respond to legitimate correction requests sent to GC within a period of two business days from the date of receipt of the correction request.
§9 Remuneration, Methods of Payment
- Unless otherwise agreed, all components of the remuneration and the amount of remuneration arising in respect of GC services and other services provided by GC at the time each contract is signed shall be in accordance with the currently valid version of the GC price list.
- All prices shown are net. Payment is owed to GC, plus any statutory sales taxes.
- The price agreed upon per individual order shall be due in advance and paid to GC upon the conclusion of the individual order. GC is not obligated to provide a service in advance and will not start work on an individual order until the price has been paid in full.
- The client may make the payment according to a platform-approved method of his/her choice (for example, with certain credit cards, PayPal or direct debit). In order to facilitate and enhance the client’s payment convenience, the client is also given the possibility of making advance payments for future individual assignments. GC will collect these prepayments in the client’s GC account.
- After the GC service is delivered, the client will receive an electronic invoice from GC for the GC services commissioned on the platform.
§10 Rights of use
- In the event, and to the extent that, the GC services provided by GC relate to copyright-related works in accordance with the German Copyright Act, GC grants the client, with respect to these GC services, an irrevocable, unlimited, transmittable and sub-licensable exclusive right of use (subject to the provision in clause 10.3) for all known types of use, on the condition that the client has paid GC in full for the GC services.
- The granting of rights pursuant to clause 10.1 concerning GC services shall include, in particular, the right to reproduce, publish (e.g. on websites, in magazines and in advertising material of any kind) and to publicly reproduce, to make publicly accessible, to send, to perform, to present, to save on databases, to disseminate, to edit, to modify and to combine with other content.
- GC reserves the right to use the texts created for the client for its own purposes (e.g. for advertising on the platform or to assess the quality of the writer’s services).
§11 Blocking/Deactivation of the GC Account
- We will block the GC account at the client’s request, especially in case of a blocking notification.
- We are furthermore authorized to block the GC account if:
- the contract can be terminated by GC for good reason;
- if an unauthorized, illegal, contract-breaching use and/or misuse of the GC account takes place or is imminently threatened, for example, due to an interference or disruption in the functioning of the platform by the client or when the client gives access to his/her GC account to an unauthorized third party.
- GC is entitled to deactivate the client’s GC account when nothing has been ordered by the client on the platform within a period of 365 days.
§12 Contract Duration and Termination
- The framework agreement that comes into effect with the activation of the GC account is valid indefinitely.
- Both parties are entitled to terminate the framework agreement, either in writing or by e-mail, at any time with a notice period of 30 days. Subject to the following provisions, the client’s GC account will also be deactivated on the effective date of this type of termination.
- The effectiveness and duration of individual assignments are not affected by the proper termination of the framework agreement. In this instance, (i) these terms and conditions continue to apply to individual orders until their completion, and (ii) the client’s GC account will only be deactivated only after the completion of the individual order.
- The right to immediate termination of the framework agreement for good cause remains unaffected by the preceding provision. When terminating the framework agreement for good cause (i) all individual orders will terminate automatically, and (ii) the GC account will be immediately deactivated.
- The right to immediate termination of the individual orders for good cause remains unaffected.
§13 Permitted Use of the Platform
- All elements of the platform, this means: data and material including images, graphics, illustrations, designs, icons, photographs, text (except GC services) and other images (hereinafter collectively known as, “Content”) are our property or are owned by us or by licensors and are protected by copyright, trademark law and/or other rights protecting intellectual property.
- Any other use and/or reproduction of the content without our prior express consent violates the law and is prohibited under these terms and conditions.
- The use of automated systems or software to extract data from the platform, especially for commercial purposes, is prohibited.
§14 Availability/System Failure
- We strive to provide unrestricted access to the platform within the framework of what is technically practical and economically reasonable. However, we assume no liability for this. Use may be restricted temporarily when this is necessary due to capacity limits, the security or integrity of the server or to carry out technical measures which serve to maintain or improve the provision of services. In these cases, GC considers the legitimate interests of clients by, for example, giving advance warning.
- If an unforeseen system failure hinders the use of the platform, the completion of current contracts or other features of the platform, the clients will be informed in an adequate and appropriate manner.
§15 Data Protection
- GC is liable to the client in accordance with the legal requirements in the following cases regarding expenses and damages (hereinafter in clause 16. “Damages”): in case of liability according to the Product Liability Act; in cases of intent or fraudulent misrepresentation; in cases of gross negligence; in cases of injury to life, limb or health; in cases of assumption of a guarantee by GC; and in all other cases mandated by statutory liability.
- GC is also liable to clients for culpable violation, the so-called cardinal obligation for compensation in accordance with statutory regulations. Cardinal obligations, in this sense, are all obligations which endanger the purpose of the contract, as well as all obligations which enable the fulfillment of the proper execution of the contract in the first place and upon adherence to which one may regularly rely on. However, provided that the breach of a cardinal obligation was only slightly negligent and did not result in injury to life, limb or health, the claims of clients for compensation are limited to the typical amount of foreseeable damage.
- Incidentally, any claims for damages by the clients against GC – for whatever reason, especially due to a material defect, defect of title and/or violation of other obligations from contractual or pre-contractual obligation (e.g. following Section 311 para. 2 of the German Civil Code) by GC, GC’s legal representatives, employees or agents, or arising from Section 311 of the German Civil Code or tort – are excluded.
- The extent to which GC’s liability is limited or excluded in the above provisions also applies to the personal liability of legal representatives, employees, and agents of GC.
- The client is responsible for the regular and appropriate backup of his data in the GC account according to the latest technology. If there is a loss of data attributable to GC, and if there is no case under clause 16.1 or 16.2, GC shall only be liable for the cost of (i) the duplication of data taken from the client’s backup copy and (ii) the restoration of data which would have been lost during a properly carried out data backup.
- Any statutory liability privileges, for example as according to Sections 8-11 of the German Telemedia Act, remain unaffected.
- A change in the burden of proof to the detriment of the client is not connected to the above provisions.
- The client’s limitation period for claims for damages is one year from the end of the year in which the claim arose and that in which the client obtains knowledge of the circumstances and the person responsible for which the claim is based, or would have obtained knowledge without gross negligence; unless GC caused the damage intentionally.
- If you are dissatisfied with our services or would like to provide any comments or feedback, please contact us on firstname.lastname@example.org.
- The law of the Federal Republic of Germany is applicable to these Terms and Conditions except where (i) the rules of Private International Law, and (ii) of the United Nations Convention on Contracts for the International Sale of Goods apply.
- The exclusive place of jurisdiction for any disputes arising out of, or in connection with, these terms and conditions is Berlin, Germany.
- Should any of the provisions of the terms and conditions be, or become, invalid, the validity of the remaining provisions will not be affected. In this case, the parties undertake to agree on a valid substitute provision which comes closest to the invalid provision or the intended purpose of the invalid provision. The same applies in the event of a contractual gap.