Preamble
Beyond-EVE is a search engine and platform that makes information, events, tender and publications of educational institutions, volunteer organizations, research, funding projects, associations, start-ups and companies more visible. We promote the direct information of, and networking between, interested persons and companies. Information about work in all areas and career levels is complemented by an overview of educational opportunities, support and engagement.
Non-profit organizations, schools, public and non-profit educational institutions are free to use the platform.
1. Scope and definition
1.1. These terms and conditions apply to the between you as a foundation, network, or company (henceforth referred to as "customer") and us, the company beyond-EVE, owner Katrin Lowitz, Wallstraße 37, 63225 Langen Imprint (henceforth referred to as "beyond-EVE"), if you have a free/paid profile entry on our website www.beyond-eve.com. Deviating or conflicting conditions will not be recognized by us unless we have expressly agreed to them in writing.
1.2. Changes to these terms and conditions will be communicated to you in writing, by fax or by e-mail. If you do not object to a change within four weeks after receipt of the notice, the changes will be deemed acknowledged by you. The right of objection and the legal consequences of silence will be communicated to you separately in the event of a change in the terms and conditions.
1.3. The language provided for the contract is exclusively German. Translations into other languages are for your information only. In case of contradictions between the German text and the translation, the German text has priority.
2. Subject of the contract
2.1. The online platform is open to all organizations and businesses committed to a more equitable economy, education and the improvement of working and environmental conditions. As a guideline for examining the involvement of organizations, we use the principles of the United Nations 17 Sustainable Development Goals.
2.2. By registering, the customer has the opportunity to create a profile of the organization or companie. For this purpose, the customer must create an account in which they can enter a personal profile, which is then visible on the online platform for everyone. Furthermore, they can refer to events, tenders and publications in her profile.
2.3. Depending on the organizational structure, projects, programs or sub-organizations can also be created. Alternatively, separate accounts can be created. Beyond-EVE will be available to advise you on the appropriate options.
3. Confirmation, registration and profile
3.1. The contract is confirmed by e-mail. Beyond-EVE will send a confirmation after your profile is created.
3.2. The customer receives the access data to its own personal login area, where the profile can be created and managed. The profile will be activated no later than 3 working days after conclusion of the contract, provided that the minimum information has been set. There is no claim to publication of certain contents or a certain form of presentation. Especially hyperlinks that refer to pages outside beyond-EVE can be removed.
3.3. In the event that the customer does not add any content to the profile beyond the basic data of the organization, beyond-EVE is entitled to delete the profile, provided that the customer has been repeatedly asked in writing to complete the profile. In case texts or other contents have been created by beyond-EVE after the customer has given his consent, no rights of use will be granted to the customer.
3.4. The customer grants the permission to use data, especially text and picture material on the website during the contract period for the creation of the profile and grants beyond-EVE the necessary rights of use. The customer assures that the contents of the website are up-to-date, correct and complete and that no rights of third parties are violated.
4. Obligations of the customer
4.1. The customer undertakes to keep secret any passwords and/or registration data provided by beyond-EVE for registration and to make them available only to those persons who have been effectively authorized to do so by beyond-EVE. Passwords sent by beyond-EVE for initial registration shall be changed for security reasons. The customer shall immediately notify beyond-EVE in writing of any change of data (in particular but not limited to: address, name, telephone number, e-mail, registered office, accounts).
4.2. The customer must review her profile during the entire contract period for content completeness and correctness. Errors are to be corrected immediately. Beyond-EVE accepts no responsibility for the content posted.
4.3. The customer is legally responsible for the content posted by her. In particular, but not exclusively, the customer must ensure that the content does not violate the religious and cultural interests of others, the content is not slanderous, infringing, abusive, threatening, obscene, pornographic, harmful to minors or in any other illegal manner or offending content. The customer guarantees that the content, which makes it accessible via hyperlinks, also meets these requirements. The customer undertakes to adhere to the principles laid down in the preamble.
4.4. The customer is required by § 5 TMG to provide their profile with an imprint containing the legally mandated statement of the ownership and authorship of provided documents. If the customer violates this, beyond-EVE is exempt from any claims of third parties.
5. Liability
5.1. A liability of beyond-EVE - for whatever legal reason - only occurs if the damage a) has been caused by culpable violation of one of the cardinal obligations or material subsidiary obligations in a way endangering the achievement of the purpose of the contract or b) gross negligence or willful intent of the portal Owner.
5.2. Beyond-EVE adheres according to 4.1 lit. for the breach of a material contractual obligation, without gross negligence or willful intent, the liability is limited to the extent of the damage which beyond-EVE typical responsibility upon conclusion of the contract due to the circumstances known to it at that time. This also applies to damages caused by gross negligence of employees or beyond-EVE's agents who are not part of its management or officers. Liability for consequential damages, in particular loss of profit or compensation for damages of third parties, is excluded, unless beyond-EVE intent or gross negligence is to blame.
5.3. For the loss of data and programs and their recovery, beyond-EVE shall be liable to the extent conspicuous and to the extent that such loss could not have been prevented by appropriate precautionary measures, such as the daily backups of data and programs.
5.4. Beyond-EVE guarantees the operation and accessibility of the portal of 99.95% up-time. The operation and the accessibility are calculated on a monthly basis. Beyond-EVE assumes no liability for any further accessibility. The calculation of the quota does not include any announced maintenance time.
5.5. The above limitations of liability also apply in favor of possibly involved legal representatives and agents of beyond-EVE.
5.6. Beyond-EVE is not liable for the content posted by the customer. Possible competition law, copyright, trademark, data protection or other legal violations of measures are the responsibility of the customer.
5.7. The customer indemnifies beyond-EVE for any claims of third parties. The indemnity is limited to the legal fees and court fees for the costs of defense. A possible comparison between beyond-EVE and the claimant is subject to the customer's consent. The customer will inform the claimant about this.
5.8. If beyond-EVE obtains knowledge of unlawful contents of the web site, it is entitled to immediately block the link to the offending sites.
6. Data backup
Beyond-EVE is not responsible for data backup of the content posted by the customer. The customer is responsible for any backup.
7. Contract duration and termination
7.1. This contract is in effect at the time of the respective contract and runs with a minimum contract term of 12 months. The contract is automatically renewed for a further 12 months if not terminated by one of the parties at least 3 months before the end of the contract period. The termination must be in writing (by mail, fax, letter). The timeliness of termination is determined by the receipt of the letter.
7.2. The right to terminate without notice for good cause remains unaffected. In particular: a) the opening of insolvency proceedings over the assets of one of the parties or the refusal to open the proceedings for lack of assets, b) the repeated or unheeded warnings by the other party in writing of violation of essential contractual obligations under this contract by one of the parties.
8.Compensation
8.1. The customer pays for the service offered, depending on the desired service package to beyond-EVE annually in advance at a flat rate. The service packages are compiled individually to the desired requirements of the customer. In addition to the aforementioned compensation, beyond-EVE is entitled to payment of the applicable VAT.
8.2. If the customer is a non-profit organization, public institution, or public educational institution, the use is free of charge. At the request of beyond-EVE, proof must be provided.
8.3. The customer will be in default without further notice, if the payments are not credited to the account of beyond-EVE on the agreed dates. The legal consequences of default apply.
8.4. With respect to payment claims, the customer's right to withhold or set-off is excluded, as long as the counterclaims of the customer are legally established.
9. Final provisions
9.1. Changes, additions and terminations of this contract must be made in writing. Also, a cancellation of this contract or a change of this written form clause requires the written form. No side agreements have been made.
9.2. Should a provision of this contract be or become ineffective, this shall not affect the validity of the remainder of the contract. The ineffective provision shall be replaced by a provision which, to the extent possible, comes closest to what the parties intended, taking into account economic considerations. The same applies in the event that any agreement supplements are necessary. § 139 BGB does not apply.