General Terms & Conditions for Clients
These general terms and conditions (hereinafter “GTC”) are between each Customer (as defined below) and WorkGenius, Inc., a Delaware corporation (hereinafter “WorkGenius”), and governs the Customer’s and WorkGenius’s respective rights and obligations with respect to the Customer’s use of the Website (as defined below) and fulfillment of Projects (as defined below).
WorkGenius GmbH (hereafter “WorkGenius”) is the operator of the website workgenius.com (hereafter “website”), and offers its customers (hereafter “customer”) the option of commissioning WorkGenius with certain projects (hereafter “projects ”), which are then managed by the company.The projects will not be completed by WorkGenius, but will be given to students registered with WorkGenius (hereafter “students”). Once completed, the results (hereafter “result”) will be made available for download by the customer from the website.For this purpose, students are assigned one of five different levels of quality, depending on their ratings of already completed projects (hereafter “levels of quality”). A “five star rating” represents the highest level of quality, and a “one star rating” represents the lowest level of quality. A more detailed description regarding the levels of quality and the mechanisms of awarding them can be found on the website.Valid email addresses, assigned by a university, serve as a verification method of the students. WorkGenius only grants access to the registration form to students enrolled at a university .The customer must however acknowledge that no further documents are requested for verification by WorkGenius, which may in some cases lead to the registration of people not enrolled at a university.The general terms and conditions for customers (hereafter “GTC”), are the underlying foundation of all services WorkGenius provides for customers.The conditions alluded to in order confirmations, and the GTC at hand, are of prime importance. Differing GTC for customers do not apply.Unless stated otherwise in its offer, offers made by WorkGenius are not legally binding. WorkGenius can only be held accountable for the finalization of the submitted projects, if these are confirmed by WorkGenius in writing, or finalized by submitting a result.
In order to submit projects to the website, the customer has to register using the customer’s form, which can be found on the website.The customer must guarantee that all requested data in the registration form are unmitigated, truthful and stated correctly, and must provide an up-to-date profile at any time. In order to fulfil this condition, the customer is always able to access his or her personal information on the website.A user name and a personalized password are assigned to the customer upon registration.A user profile and an account are created by WorkGenius during the registration process.The registration and the account are not transferable.Customers may only register once at WorkGenius. Should a customer need to deduct input tax, he or she is obliged to state his or her VAT number.
Submission of Projects
The customer is subject to article 7, and is legally authorized to submit projects to the website at any time. The customer is required to provide detailed descriptions of the projects, which need to be finalized, particularly regarding the desired results, the deadline, the net fee etc. The customer is completely responsible for the contents of the projects and the tasks at hand. When submitting a project, the customer can determine a required level of quality that the student must possess in order to accept the project. The customer must ensure that the data offered as the completed project do not infringe with the rights of third parties, particularly copy-, trademark- or industrial property rights. The customer relieves WorkGenius of any third party claims against WorkGenius because of the violation of prominent terms. The customer acknowledges that the risk of data loss on the server of WorkGenius cannot be eliminated entirely. He or she is therefore stipulated to create a backup copy of the project data provided. Regardless of that eventuality, WorkGenius creates data backups recurrently, and tries to keep the loss of data to a minimum. Projects which violate laws and rights of third parties when submitted, finalized, or of which results and providing of results has the potential to violate these rights, shall not be submitted. If WorkGenius detects an equivalent project on the website, the customer is given the opportunity to remove the infringement within one week. In case, the customer disregards or refuses to do so, the project will be removed from the website permanently.
Processing a project
In order for a project to be processed by a student, access to the project is granted by WorkGenius to the students. Every student who meets the minimum level of quality is able to retrieve to project from the website, when logged in. If not logged in, the projects can be seen by anyone. The first student who accepts the project will be assigned it by WorkGenius. If a student has accepted a project, the customer will get notified immediately by WorkGenius. The customer acknowledges that neither he/she nor WorkGenius is able to deliberately select a student who meets the minimum level of quality to accept a project. The customer therefore declares to accept every student for the completion of the project, who meets the minimum level of quality required. If the instructions of the submitted projects provided by the customer are not stated clearly, are incomplete or the like, the student has the option to contact the customer via the website and to clarify further actions. WorkGenius does not guarantee or provide any other warranty that a project will be acquired by a student. In particular, WorkGenius does not guarantee, or provide any other warranty that a submitted project will be assigned to a student by WorkGenius. If the project is not accepted by a student within the set timeframe of the customer, which is defined when submitting the project, the project is deleted from the website by WorkGenius, and reported to the customer. The customer is given the option, to resubmit the project to the website. Forwarding a project is reliant on the timely and complete delivery of the student who accepted the project. The result of a completed project is immediately provided to the customer by WorkGenius, through making it available for downloading on the website. A fixed date of delivery, within the scope of a project, is not mandatory at any time, unless it is confirmed by WorkGenius in writing as a binding date of delivery to the customer. The customer is required to give the student a rating after receiving the result.
The customer acknowledges that WorkGenius is only able to hold students accountable, within the scope of the GTC, to privacy terms to a certain extent. In particular, students cannot be charged with a contractual penalty. To ensure the protection of the customer’s privacy under certain circumstances, projects can be made accessible only on the condition of a confidentiality agreement, which has to be submitted to the website in addition to the project.
Property rights of results
In the event, certain legally binding rights, particularly copy-, name- or industrial property rights, are created, due to the finalization of a project, unreserved rights are granted to the customer by WorkGenius, regarding the use of the result for any known and unknown purpose, the editing of the result and to avail oneself of it in edited form.
Payment, costs, billing
Student are able to process the customer’s submitted projects on the website, after a prepayment of the amount of the net remuneration, offered as a reward by the customer, plus any VAT costs. The prepayment can be settled by credit card, instant banking or PayPal. WorkGenius retains a provision from the net remuneration, and transfers the remaining net honorary to the student, in exchange for the result. Parties agree that only the net remuneration offered by the customer, minus charges for WorkGenius, is visible to the student on the website. WorkGenius sends a corresponding invoice to the customer. WorkGenius reserves the option to send bundles of invoices of projects to the customer. The commission is determined by the list of commission rates, which can be retrieved from the website. WorkGenius reserves the option to edit the list of commission rates. WorkGenius will inform the customers two weeks in advance before a new list becomes valid. In case a project is not accepted, or has been accepted but the result shows any form of deficiencies, or in case of a rectified withdrawal by the customer, the prepayment is refunded completely. The prepayment is usually refunded within two weeks, after notifying the customer that the projects were not accepted or featured deficiencies. In the event of a rectified lowering of the projec’s reward by the customer, WorkGenius will refund the prepayment accordingly. Any arising costs and expenses, caused by a transaction to a bank account outside of Germany, are payed by the customer.
Claims for defects or acceptance
After forwarding the result, the customer inspects and approves of the result. The customer is obliged to immediately examine the results after submission, and to reprimand any deficiencies, incorrect deliveries or deviations in quantity in writing. Any concealed deficiencies have to be reprimanded immediately after their discovery. If the result is not accepted, even if the result matches task description, the result will be classified as approved one week after forwarding. The result fulfils the conditions of validity if it is used by the customer. The warranty period is scheduled for one year after delivery, as far as no other binding laws exist which call for a longer limitation. If reprimanded and reasoned in a timely manner, the claims of the customer are restricted to the removing of deficiencies or delivery of a flawless item by WorkGenius. The customer acknowledges that any rectifications are not conducted by WorkGenius, but are forwarded to the responsible student. In case, the student is not able to conduct the rectifications, the project will be resubmitted to the WorkGenius website. If the rectifications are not satisfactory, the customer can reduce the remuneration, or has the right to dissolve the contract. Claims for damages subject to article 9, are unaffected.
WorkGenius is only liable for damage compensation, if it can be made responsible. Claims for compensation – on whatever legal grounds – made by the aggrieved party, which arise from negligent behavior, are excluded. This is not the case if an obligation was violated, which is of great significance for the contract’s purpose and its implementation. WorkGenius is not liable for any damages which arise from a violation of obligations, defined by contract, which exceeds the student’s awareness at the point, based on existing circumstances. Kündigungen haben schriftlich zu erfolgen. Claims for compensation, according to product liability law, based on violation of life, body or health or because of acceptance of a warranty, plus claims for compensation which arises from negligent or intentional behavior by WorkGenius, are unaffected. WorkGenius is not liable for the constant availability of the website, and the provided services on that website. WorkGenius is also not liable, in the event that the projects, their finalization, the results or the forwarding of the results violate any laws or rights of third parties. If WorkGenius is taken up on this by third parties, the customer is obliged to fully indemnify WorkGenius from these claims. WorkGenius is not liable for the fact that the results are of use for the purpose intended by the customer.
Termination of contract
This contract can be terminated within one month, at the end of each month. Termination without notice for a significant reason is unaffected. Terminations have to be submitted in writing. Projects which have already been assigned to students at the point of termination, but are not yet finished, are not affected by the termination. Projects which have not been assigned at the point of termination will be deleted from the website.
All parties agree that WorkGenius has to forward personal information of the customer to the students, to guarantee an adequate processing of the projects. The WorkGenius declaration of data security is available on the website.
Offset agreement and withholding
The claims of WorkGenius can only be offset by undisputable or legally binding claims. The customer can exercise a right of retention. The customer may at any time make use of judicial enforcement of his claims.
Changes and further amendments to that contract need to be made in writing (electronic Form (§ 126 a BGB) or in the form of text (§ 126 b BGB) are sufficient), in order to be valid. This also applies to the cancellation of the written form requirement. The business relationship plus any agreements concerning the projectsbetween WorkGenius and the customer are subject to the material German law, with the exception of the regulations of the international private law. The application of the regulations of the UN sales law (CISG) is excluded. The place of performance and the place of jurisdiction for any arguments in connection with the relationship of business and the agreements, which are based on the projects, between WorkGenius and the customer, are located in Hamburg. However, WorkGenius can take legal proceedings against the customers at their residence. In case particular regulations of this contract are entirely or partly invalid, void or impracticable, the validation of other regulations is not affected. The invalid, void or impracticable regulation is replaced by a regulation, which is similar to the economical intention of the contracting parties at the conclusion of contract. The above applies as a precedent for contractual loopholes.