T&C for Freelancers at WorkGenius GmbH
Effective as of March 17, 2023
1. Scope of contract
1.1 Through the platform operated on the website https://www.workgenius.com/de/ (hereinafter “Platform”), WorkGenius GmbH, Herrengraben 30, 20459 Hamburg (hereinafter “WorkGenius”) offers companies located in Germany (hereinafter “Customers”) the opportunity to use the services of self-employed professional specialists working in Germany (hereinafter “Freelancers”) in order to complete commissioned work (hereinafter “Assignments”) posted by the Customers on the Platform. In order to execute the “Assignments”, WorkGenius primarily uses artificial intelligence and data-driven matching to identify suitable Freelancers from within the pool of Freelancers registered on the Platform. The Customer can select which freelancers the individual Assignments are to be awarded. In this process the Assignments are awarded via WorkGenius and WorkGenius becomes the contractual partner of the selected freelancers. In addition to the commission of Assignments, the platform also enables the processing of such and the management thereof.
1.2. These General Terms and Conditions for Freelancers regarding the use of the WorkGenius Platform(hereinafter referred to as the “T&Cs”) determine- subject to any express individual contractual agreement to the contrary between WorkGenius and the Freelancer – the conditions for the contractual relationship between WorkGenius and the Freelancer regarding the use of the platform provided by WorkGenius (hereinafter “User Relationship”) and the contract closure between WorkGenius and the Freelancer regarding the execution of the individual Assignments according to the specifications of the Customers of WorkGenius (hereinafter “Freelancer Contract”). The details agreed in the Freelancer Contract with respect to the scope of services of the individual Assignments and the remuneration for the execution of the individual Assignments are governed by the respective agreements between WorkGenius and the Customer based on the contracts concluded between WorkGenius and the Customer in the individual case (hereinafter “Individual Contract”).
1.3 These General T&Cs are in connection with the respective Freelancer Contracts conclusive. Deviating terms and conditions of the Freelancer shall not form part of the contractual relationship between WorkGenius and the Freelancer. Additional agreements and other deviations from these T&C or from the Freelancer Contracts must be agreed upon in writing.
1.4 WorkGenius will notify the Freelancer of any amendments to these Freelancer T&Cs in writing. For the conclusion of Freelancer Contracts, these T&Cs apply in the version communicated to the Freelancer and valid at the time of the conclusion of the Freelancer Contract. By concluding a Freelancer Contract, the Freelancer agrees to the validity of the amended T&Cs. In case of amendments, the amended T&Cs shall apply to the respective concluded Freelancer Contract as well as to the future relationship between WorkGenius and the Freelancer. Freelancer Contracts that have been concluded prior an amendment to these Freelancer T&Cs coming into force remain unaffected by the amendments. Otherwise (meaning without the interim conclusion of a Freelancer Contract with the Freelancer’s consent to the amended Freelancer T&C), the amendments with regard to the user relationship shall be deemed to have been agreed at the latest upon expiry of six (6) weeks after receipt of the amendment notification, unless the Freelancer has objected to the amendments in writing before expiry of this period. In the event of an objection to the amended Freelancer T&Cs, WorkGenius reserves the right to terminate the user relationship in accordance with Section 12 of these Freelancer T&Cs. WorkGenius will inform the Freelancer separately about the right to object and the legal consequences of silence with the notice of amendment.
1.5 In the event of contradictions or deviations between a provision in these Freelancer T&C and a provision in a Freelancer Contract, the provision in the Freelancer Contract shall prevail with respect to the individual contractual relationship; however, this shall not constitute an amendment of these Freelancer T&Cs and shall not affect other Freelancer Contracts.
2. Services of WorkGenius
2.1 Via the Platform WorkGenius offers Freelancers the opportunity to offer their services on a freelance basis, to then execute Assignments. WorkGenius also offers Freelancers the opportunity to conclude Freelancer Contracts for the execution of Assignments in accordance with the individual contracts concluded between WorkGenius and the Customer. As per the Freelancer Contracts, the Freelancer will either provide the work result (hereinafter “Work Result”) created by the Freelancer directly to the Customer or upload the Work Result to the Platform, to then be passed on to the Customer. In return, the Freelancer shall receive the remuneration agreed upon in accordance with the Freelancer Agreement (cf. Section 8 of these Freelancer Terms and Conditions).
2.2 The use of the platform is only possible if the Freelancer acts in his independent professional activity as an entrepreneur in accordance with the meaning of § 14 BGB. An employment relationship between the Freelancer and WorkGenius or between the Freelancer and the Customer is not established.
2.3 In order to use the Platform, it is necessary that the Freelancer registers on the Platform and sets up a Freelancer Account for the use of the Platform. For this purpose, the Freelancer is required to provide [his first and last name, if applicable his company, if applicable his VAT identification number, his address, and his e-mail address]. The login takes place via a username and a password chosen by the Freelancer (hereinafter “Login Data”). The Login Data shall remain valid for the duration of the use of the Platform on the basis of these Freelancer T&Cs and shall not be transferable. Each Freelancer may only register once on the Platform [For the use of the Platform, the General Terms and Conditions of Use for the Platform (hereinafter “Terms and Conditions of Use”) apply in addition].
2.4 The services provided by WorkGenius on the Platform include in particular:
(a) enabling the the Freelancer’s ability to use the Platform via the Internet with the following basic functions and one (1) User License:
- Freelancer dashboard for self-management of relevant information;
- Creation of a profile of the Freelancer;
- Skill-based matching through primarily AI-assisted identification and pre-selection of Freelancers and conclusion of Freelancer contracts for the execution of assignments in accordance with the individual contracts concluded between WorkGenius and the Customer;
- Automated payment (i.e. payment of the freelancer through WorkGenius on the basis of the freelancer contracts concluded between WorkGenius and the freelancers irrespective of the payment from the customer).
- Additional order processing functions (e.g. reporting of hours worked and uploading of contracted work results)
- Personal support via e-mail, support chat and telephone, from Monday to Friday from 08:00-18:00 (CET);
b) Provision of online storage space for the use of the platform.
2.5 The Freelancer’s access to the Platform shall be exclusively via the Freelancer Account provided. A transfer of the software (e.g. by downloading the software to the Freelancer’s hardware) is not part of the contract.
2.6 WorkGenius reserves the right to change the content and structure of the platform as well as the associated user interfaces. Insofar as such changes improve or enhance the Freelancer’s ability to use the Platform as compared to the scope of services owed by WorkGenius under these Freelancer T&Cs (e.g. new features or upgrades of the Platform), WorkGenius may make such changes at its sole discretion and without prior notice. Should the changes neither constitute an improvement or an extension of the Freelancer’s usage options, WorkGenius will notify the Freelancer in writing of the changes at least six (6) weeks prior to implementation.
2.7 WorkGenius endeavors to keep access to the Platform via the internet as uninterrupted as possible. However, due to the technical nature of the internet, an uninterrupted accessibility of the Platform is not guaranteed. In particular, WorkGenius does not guarantee the success of the respective access to the Platform in the event that the access depends on services of third parties which WorkGenius does not use to fulfill its contractual obligations (e.g. access providers of the Freelancer).
2.8 The place of performance for all services provided by WorkGenius as agreed upon in this Framework Agreement is Hamburg. The places of performance for the assignments to be performed by the Freelancer are specified in the respective Freelancer Agreements.
3. Conclusion of freelancer contracts
3.1 Customers have the possibility to post Assignments on the platform, which are then to be awarded to Freelancers. WorkGenius will use so-called data-driven matching to identify suitable freelancers for the execution of orders. For this purpose, the Customer will specifically provide information on the desired scope of services, the desired work results, the execution deadlines, the required qualifications of the Freelancer and the budget for the assignment. In addition, the Customer can influence which Freelancers will be proposed for the processing of its orders by means of certain default settings (e.g. by specifying a minimum rating given by other customers of WorkGenius).
3.2 If the Freelancer has the suitable experience to execute a specific “Assignment” ordered by the Customer, WorkGenius will notify the Freelancer. The Freelancer may then apply for the assignment and note the hourly rate offered for the assignment. This constitutes an offer by the Freelancer to WorkGenius to enter into a Freelancer Contract for the performance of the relevant Assignment. WorkGenius is then entitled, but not obliged, to propose the Freelancer’s services to the Customer for the execution of the Assignment and to indicate to the Customer the Freelancer’s essential qualifications, availability, previous evaluation by other Customers and hourly rate. The customer then has the opportunity to select the desired freelancer. In order to evaluate the possible cooperation, the customer has the possibility to communicate with the freelancer in advance via the communication channels provided on the platform. If the Customer commissions the Freelancer for the Assignment, WorkGenius will confirm the Assignment via the Platform. Through this confirmation, WorkGenius accepts the Freelancer’s offer to conclude a Freelancer Contract. WorkGenius will conclude a corresponding individual contract with the Customer for the award of the contract to the Freelancer. The execution of the individual contract concluded between WorkGenius and the Customer is the responsibility of WorkGenius.
3.3 WorkGenius provides no guarantee or warranty to the Freelancer that suitable Assignments will be found for the Freelancer via the Platform and does not make any assurance that, in the event that the Freelancer applies for an open assignment, a Freelancer Contract will be concluded for the assignment of the Freelancer by WorkGenius. There is neither an obligation on the part of WorkGenius or the Customer to conclude individual contracts nor an obligation on the part of WorkGenius to conclude Freelance Contracts.
4. Execution of the Assignment and quality of the work result
4.1 The Freelancer will process the Assignment in accordance with the Customer’s specifications and will either provide the relevant work result, as made in accordance with the Freelancer Contract, directly to the Customer or upload the work result on the Platform, depending on the scope of services of the respective Assignment; in this case WorkGenius will make the work result provided by the Freelancer available to the Customer for download via the Platform. By making the Work Product available to the Customer or by uploading the Work Product, the Freelancer grants the Customer the copyrights and rights of use to the Work Product in accordance with clause 7.4. To the extent that a direct grant of rights to the Customer is not possible or not possible in full, the Freelancer will transfer or grant the respective rights to WorkGenius and agrees that WorkGenius will pass on the granted copyrights and rights of use to the Customer in full.
4.2 Neither WorkGenius nor the Customer shall have any authority to issue instructions to the Freelancer with regard to the Freelancer’s place of work and time of work, unless this is explicitly required in individual cases due to the nature of the assignment (e.g. due to the necessity of the Freelancer’s presence at events of the Customer).
4.3 A delivery time specified by the Customer within the scope of an order is always binding in the relationship between WorkGenius and the Freelancer. If the Freelancer is unable to meet binding delivery deadlines, the Freelancer will inform the Customer immediately via the platform and at the same time agree on a new estimated delivery deadline.
4.4 Insofar as the Freelancer Contract is subject to the law on contracts for work and services or an acceptance is agreed, the acceptance on the part of the Customer shall be decisive for the transfer of risk. The statutory provisions of the law governing contracts for work and services shall apply mutatis mutandis to an agreed acceptance – unless otherwise agreed in this framework agreement or in the respective individual contract. In the relationship between WorkGenius and the Freelancer the Assignment shall be accepted by means of confirmation of acceptance on the part of the Customer by email or via the confirmation function provided on the platform. However, the Services shall also be deemed accepted without confirmation by the Customer if the work result has been transmitted and the Customer has not refused acceptance within a reasonable period of time stating a not only insignificant and actually existing – or at least from an objective point of view obvious – defect or if the Customer already uses the work result prior to the confirmation of acceptance.
4.5 In the event of defects in the work performed, the statutory warranty provisions of the law governing contracts for work and services shall apply, unless otherwise provided for in these T&Cs or otherwise agreed in the Freelancer Contract concluded between WorkGenius and the Freelancer. Apart from that, the general rights of WorkGenius due to non-performance or poor performance of the Freelancer shall apply. WorkGenius reserves the right to assign any defect rights or other claims (e.g. due to default) to the Freelancer arising from the Freelancer Contract to the Customer and will notify the Freelancer thereof. The Freelancer hereby agrees to such assignment of rights. In case of such assignment, at first request, the Freelancer undertakes to comprehensively indemnify WorkGenius against any claims of the Customer. In addition, the Freelancer will comprehensively inform WorkGenius of such a case, provide necessary information and documents, as well as support WorkGenius thoroughly in the settlement of claims asserted by a Customer.
4.6 The Freelancer will, in accordance with the agreements in the respective Freelancer Contract, submit timesheets on the hours worked on a regular basis, which will be reviewed and approved by the Customer. Approved timesheets shall be used as a basis for the settlement of the remuneration under the Freelancer Contracts in accordance with Clause 8.2. If the Customer does not release the submitted timesheets or does not release them completely, the Customer and the Freelancer shall be given the opportunity via the Platform to submit a statement on the unreleased hours. If no agreement can be reached between the Customer and the Freelancer on the appropriateness of the scope of the hours worked, the remuneration shall generally be based on all hours submitted by the Freelancer. This does not apply if there are objective indications that the number of hours submitted is excessive or services were rendered that were not covered by the Freelancer Contract. In this case, the remuneration shall be based on a correspondingly reduced number of hours.
4.7 The Freelancer’s performance will be evaluated after each execution of an individual contract by the respective Customer. This resulting evaluation of the Freelancer will be considered in future selection processes on the platform.
4.8 In case of a contractually non-conforming execution of a Freelancer Contract, WorkGenius reserves the right to exclude the Freelancer from the award of further Assignments via the Platform. This applies in particular in the event of repeated non-conforming execution of Assignments, or in case of significant defects in the delivered work results, or in the event of significant complaints by the Customer.
5. Qualifications of the Freelancer, Public Profile and Communication
5.1 The registration as a Freelancer requires that the Freelancer provides suitable information regarding his qualifications and provides proof thereof through the provision of relevant and meaningful documents. WorkGenius will verify the information provided by the Freelancer and the documents and evidence submitted by the Freelancer at its own discretion. However, the Freelancer is responsible for ensuring that the information provided is accurate, complete, and up to date. For this purpose, the Freelancer can view his data in his Freelancer Account at any time and is obliged to update it immediately in the event of any changes.
5.2 The Customer can influence which Freelancers are suggested for the execution of his Assignments by adjustment of certain default settings (e.g. by specifying a minimum rating by other users of the platform).
5.3 The Freelancer has the possibility to create a profile via the function “Talent Profile Sharing”, which via an HTML Link is shareable with third parties. The Freelancer can create an HTML link himself and share it with third parties and optionally additionally give his consent that third parties (e.g. recruiters) can create an HTML link to the Freelancer’s profile and share it with other third parties. The scope of this authorization and the personal data contained on the profile in each case can be defined by the Freelancer via the selection options on the platform. The consent can be revoked at any time.
5.4 Before and during the execution of the Assignment, the customer has the possibility to communicate with the Freelancer via the communication channels provided on the platform.
6. Other obligations and liability of the Freelancer
6.1 The Freelancer is fully responsible for the content posted by him on the Platform, with particular regards to the information provided by the Freelancer regarding his qualifications, as well as the work results delivered by the Freelancer. WorkGenius is under no obligation to verify the information provided by the Freelancer or the work results provided to the Customer, either directly or via upload to the platform.
6.2 It is the Freelancer’s responsibility to request missing information required for the execution of an Assignment via the communication channels provided on the Platform and to brief the Customer as to the required cooperation. WorkGenius is under no obligation to verify the scope of services ordered by the Customer and will not itself provide any Assignment-related acts of cooperation or issue any Assignment-related instructions to the Freelancer that go beyond the content posted by the Customer and are made available on the Platform.
6.3 The Freelancer is responsible for ensuring that the content posted by the Freelancer and in particular the work results delivered by the Freelancer are free of third party rights or, in the case of pre-existing third party rights, that the rights to the work results can be transferred or granted in accordance with section 7.4 and that the Freelancer complies with all applicable legal requirements when using the Platform and executing the Assignments placed by WorkGenius.
6.4 The Freelancer shall keep his login data secret and carefully secure access to his Freelancer Account. The Freelancer shall ensure that any employees of the Freelancer only use the Freelancer Account carefully and in accordance with the Freelancer’s instructions. The Freelancer is obliged to inform WorkGenius immediately if there are indications that his Freelancer Account has been misused by third parties. As soon as WorkGenius becomes aware of the unauthorized use, WorkGenius will block the access of the unauthorized user. WorkGenius reserves the right to change the Freelancer’s login data and password; in such a case WorkGenius will immediately inform the Freelancer thereof by email.
6.5 The Freelancer is responsible for complying with the social security and tax regulations applicable to him in the context of his business relationship with WorkGenius.
6.6 The Freelancer shall be liable in accordance with the statutory provisions and shall in particular indemnify WorkGenius against all claims asserted against WorkGenius by the Customer or other third parties due to the culpable non-performance or improper performance of a Freelancer Contract or breach of the obligation based on these Freelancer T&Cs, culpable infringement of the rights of the Customer or other third parties and/or culpable breaches of applicable statutory requirements. The Freelancer shall bear all reasonable costs incurred by WorkGenius due to these circumstances, including reasonable costs incurred for legal defense. All further rights and claims for damages of WorkGenius remain unaffected.
6.7 The Freelancer is obliged to maintain a professional liability insurance with a sufficient coverage of at least EUR 50,000 in relation to the execution of Freelancer Contracts to cover any claims for damages of WorkGenius or the Customer due to the breach of obligations under these Freelancer T&Cs or the respective Freelancer Contracts. The Freelancer will provide WorkGenius with appropriate evidence of such insurance coverage upon request and will assign any claims against the insurance company to WorkGenius or the Customer in the event of an insurance claim.
7. Copyrights and Rights of Use
7.1 The copyright and exclusive right of use for published works created by WorkGenius (internet pages, scripts, programs, graphics) shall remain solely with WorkGenius.
7.2 WorkGenius grants the Freelancer, upon registration on the Platform, in accordance with these Freelancer T&Cs, a simple, spatially unlimited right to use the Platform in accordance with the scope agreed upon in the contract for exclusively own purposes during the usage relationship. Further rights, particularly regarding reproduction beyond the extent necessary for the contractual use, are not granted. Any rights under Sections 69d (2) and (3), 69e UrhG shall remain unaffected.
7.3 Any reproduction or use of elements of the platform in other electronic media or printed publications, in particular on other websites, is not permitted without the express consent of WorkGenius. The comprehensive copyright with all rights according to §§ 12 to 27 UrhG (German Copyright Act) to all documents, information and -WorkGenius is exclusively entitled to the comprehensive copyright with all rights according to §§ 12 to 27 UrhG (German Copyright Act) of all documents, information and contractual objects created within the scope of the contract initiation and execution, unless otherwise agreed upon in writing.
7.4 The Freelancer grants the Customer the exclusive, temporally, and spatially unrestricted, irrevocable, transferable and sublicensable right to use, reproduce, edit and combine the Work Results with other programs and materials for its own purposes and to transfer them to third parties. The above granting of rights also extends – as far as legally possible – to pre-existing works, in particular know-how, methods, or other tools, which the Freelancer uses on the basis of the Freelancer Contract to achieve the Work Results. The Freelancer shall point out if such a granting of rights with regard to pre-existing works is not possible for him for legal reasons. To the extent that a direct grant of rights to the Customer is not possible or not possible in full, the Freelancer will transfer or grant the relevant rights to WorkGenius and in particular agrees that WorkGenius will pass on the granted copyrights and rights of use to the Customer in full.
8. Remuneration
8.1 The opportunity granted by WorkGenius to use the Platform is free of charge for the Freelancer.
8.2 The Freelancer’s remuneration for the execution of the individual Assignments is calculated on the basis of the Freelancer’s hourly rates agreed between WorkGenius and the Freelancer according to the Customer’s specifications less a commission share agreed with the Freelancer (hereinafter “Commission Share”). WorkGenius will pay the Freelancer the remuneration calculated on the basis of the Freelancer’s hourly rate less the Commission Share and concurrently against delivery of the work result.
8.3 Payment is generally made within 28 calendar days after the Freelancer has provided the Work Product and after the Customer has accepted or approved the Work Product and the timesheets submitted by the Freelancer. WorkGenius will provide the Freelancer with a credit note for each amount paid which shall include any applicable value added tax.
8.4 The payment of the remuneration is made by the provider Hyperwallet. The Freelancer may at any time request Hyperwallet in writing to pay out any credit balance in the User Account to a bank account designated by the Freelancer. For this purpose, registration with Hyperwallet and presentation of an identification document is required. For technical reasons, registration with Hyperwallet can only take place when a withdrawal request is made and not already when registering on the WorkGenius platform. The payout will be made within two (2) weeks after Hyperwallet receives the payout request. Any costs and fees incurred for a payout to a bank account outside Germany will be borne by the Freelancer. The costs of Hyperwallet are generally borne by WorkGenius. However, the Freelancer shall have the amounts paid out to his account at Hyperwallet paid out to a bank account within one (1) year at the latest. Otherwise, WorkGenius is entitled to charge the Freelancer an annual fee of EUR 10.00 including statutory VAT as compensation for the additional custody fees charged by Hyperwallet.
8.5 The fee is exclusive of statutory value added tax.
9. Rights of WorkGenius to delete content, block the Freelancer Account, etc.
9.1. WorkGenius is entitled to take the following measures if the Freelancer violates the provisions of these Freelancer T&Cs, the agreements of the Freelancer Contracts, legal provisions or the rights of the Customer or other third parties or if there are concrete indications for such a violation or if WorkGenius has any other legitimate interest: (a) deleting or deactivating content posted by the Freelancer on the Platform (in particular deleting or deactivating the Freelancer’s public profile), (b) warning the Freelancer, (c) restricting the Freelancer’s use of the Platform, (d) temporarily blocking the Freelancer’s account, and (e) permanently blocking the Freelancer’s account.
9.2 When choosing the measure, WorkGenius will reasonably take into account the legitimate interests of the Freelancer, especially in regards as to whether there are indications that the Freelancer is not at fault for the violation. WorkGenius will inform the Freelancer about the measure by email and give the Freelancer the opportunity to comment.
10. Liability of WorkGenius
10.1 Unless otherwise stipulated in these Freelancer T&C including the following provisions, WorkGenius shall be liable for a breach of contractual or non-contractual obligations in accordance with the statutory provisions.
10.2 WorkGenius is liable for damages regardless of the legal reason in case of intent or gross negligence. In case of ordinary negligence WorkGenius shall be liable – subject to a milder standard of liability according to statutory provisions (e.g. for diligence in own affairs) – only for
(a) damages resulting from injury to life, body or health, and
(b) damages resulting from the breach of a material contractual obligation (i.e. an obligation the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which the customer regularly relies and may rely); in this case, liability is limited to the foreseeable, typically occurring damage and, in addition, to a maximum amount of 125% of the respective net order value.
10.3 WorkGenius shall not be liable for internet failures for which WorkGenius is not responsible.
10.4 If the Freelancer suffers a data loss due to simple negligence of WorkGenius and the recovery of the data is not possible or is significantly impeded due to missing or insufficient data backup of the Freelancer, the liability of WorkGenius is limited to the amount of the damage that would have occurred even in case of proper data backup.
10.5 The liability does not extend to the impairment of the contractual use of the services provided by WorkGenius via the Platform caused by an improper or incorrect use by the Freelancer.
10.6 The above limitations of liability shall apply mutatis mutandis also in favor of the vicarious agents of WorkGenius.
10.7 Insofar as the platform offers the possibility of forwarding to databases, websites, etc. of third parties (e.g. third parties (e.g. by providing links or hyperlinks), WorkGenius shall neither be liable for accessibility, existence or security nor for the content of such database or services.
11. Confidentiality and Data Protection
11.1 WorkGenius and the Freelancer shall keep strictly confidential and shall not disclose, or cause or permit to be disclosed, to any person or entity, business secrets and other facts requiring secrecy, which become known to them in the course of the performance of the contractual relationship, as such that are based upon these Freelancer T&C and Freelancer Contracts. The employees of the respective parties are also bound to this same confidentiality. This applies in particular also to facts requiring secrecy with regard to the customers as well as the Assignments commissioned and executed for the customers via the platform. The confidentiality obligation shall apply for the entire period of the Freelancer’s registration on the Platform as well as for a period of five (5) years after the deletion of the Freelancer’s account and execution of the last order placed via the Platform.
11.2 Press releases or other public announcements about the contractual relationships existing under this Framework Agreement and/or an Individual Agreement shall only be permitted with the prior written consent of the other Party. The Freelancer here now agrees to the publication of its name and/or company as well as the use of its logo by WorkGenius for advertising or marketing purposes as a reference for the services provided by WorkGenius.
11.3 WorkGenius and the Freelancer will process personal data only in accordance with the applicable data protection laws. If WorkGenius processes personal data of the Freelancer on behalf of WorkGenius for the purpose of providing the Services, WorkGenius and the Freelancer will conclude a separate contract on commissioned processing pursuant to Art. 28 DSGVO. For the use of the Platform, the privacy policy of WorkGenius, which is available at https://www.workgenius.com/de/data-privacy, shall additionally apply.
12. Duration of the User Relationship and Termination
12.1 The Freelancer’s right to use the Platform in accordance with these Freelancer T&Cs is for an indefinite period of time. WorkGenius and the Freelancer are entitled to terminate the user relationship between WorkGenius and the Freelancer with a notice period of one (1) month to the end of the month. The right to extraordinary termination for cause remains unaffected. Any termination must be in writing to be effective.
12.2 The termination of the user relationship does not affect the validity of the Freelancer Contracts concluded in accordance with these Freelancer T&Cs. However, WorkGenius reserves the right to deactivate those functions of the Freelancer Account that are not required for the processing of Freelancer Contracts already concluded until the deletion of the Freelancer Account (cf. clause 12.3 of these Freelancer T&C) when the termination becomes effective.
12.3 WorkGenius is entitled to block the Freelancer’s login data and to delete all data that the Freelancer has posted on the Platform after a period of thirty (30) calendar days after termination of the user relationship and complete processing of all Freelancer Contracts concluded via the Platform. WorkGenius will, however, continue to store such data which is required for billing or verification purposes.
12. Applicable Law and Place of Jurisdiction
13.1 The relationship between the contracting parties shall be governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods.