Terms and Conditions
Section 1: Scope
- Motius GMBH (hereinafter referred to as ‘Motius’) is the provider and organiser of a community (‘Talent Pool’ or ‘Community’), and offers users the ability to join this community on its website. Once part of the community, users are able to discuss technical trends, undertake training and apply their skills in practice with projects. Users refer to all persons registered on the platform with login details (‘User Account’). If a user applies to one or more projects, he/she then becomes a bidder. If a bid is successful and a contract is concluded, the successful party ultimately becomes a freelancer or employee. Once the respective contract comes to an end, the individual reverts to being a user. Users engaged in a non self-employed working relationship are considered employees. Authorised users remain members of the community regardless of their contractual relationships.
- These Terms and Conditions (hereinafter referred to as ‘T&Cs’) apply to all users after registration on the platform and to all contractual relationships established between Motius and the users of our platform. Deviating individual agreements and contracts take precedence over these T&Cs.
- Motius reserves the right to amend these T&Cs at any time. The amended T&Cs will be announced by email up to 2 weeks prior to their entry into force. If the recipient fails to object to the new T&Cs by email within 2 weeks after receipt of the email containing the amended T&Cs, the new T&Cs shall be deemed accepted. The announcement of the new T&Cs will provide information on the two-week notice period and the consequences of not lodging an objection.
- Verbal ancillary agreements between the contractual parties shall not apply. Any modifications to these Terms and Conditions require the written form.
Section 2: Creating a User Account For Users
- In order to join the community as a user and bid for projects, users are required to create a user account free of charge and have this account activated by Motius. Accounts can only be created for users who are 18 years old and above. Users have no legal claim to the activation of their user account by Motius.
- Users must provide all information required to create a user account in an orderly and accurate manner. Motius reserves the right to demand adequate verification for the entered information prior to activating the account. Users must keep their information updated and make any necessary changes without delay using the update feature. Motius does not assume any liability if it is unable to contact a user due to a failure to update personal information.
- Users are required to provide their first name, surname and a password to create a user account. Users are responsible for maintaining the secrecy of their passwords. Passwords must be safeguarded against unauthorised third-party access. Users bear sole responsibility for all actions undertaken on their accounts. The above provision shall not apply in the event that a user is not responsible for third-party use of his/her account. Users must inform Motius without delay if they have reason to suspect a third party may have gained access to their password or in the case of improper use of their account. Motius shall not be liable for any damages incurred as a result of the misuse or loss of the password selected by the user. The company address is the residential address entered by the user.
- User accounts may not be created for third parties. Furthermore, users are only permitted to create one account per user.
- Users may recommend external parties for projects. In order to do so, users must use the recommendation system to send available or public information.
- Motius is entitled to delete the user’s account and/or terminate the contractual relationship with a freelancer or employee in the event of a violation of the terms of these T&Cs or other duties arising from the contractual relationship. Users can request the deletion of their account at any time in writing or delete their own account on the platform. Information and data subject to statutory retention periods (e.g. credit notes) shall only be erased following expiration of the pertinent retention period. All other data is erased upon deletion of the user account.
- The registration of a new user account can be linked to social media accounts such as LinkedIn, Xing and GitHub. An existing user account can be linked to one or several social media accounts. When users select this option, Motius will send an authentication request to the social media provider. The provider will then obtain the user’s consent to the transfer of data for registering an account with Motius (primarily first name, surname and email address). Users can then use the linked social media accounts to authenticate themselves and log into their Motius account. Links to social media accounts can be revoked at any time by the user.
Section 3: Project Bidding Process
- Once a user has registered and his/her user account has been activated, he/she can view the projects posted by Motius that correspond to his/her qualification level and the customer’s prerequisites with the application terms. Projects posted by Motius and the respective prerequisites and terms only provide a rough overview and may be subject to subsequent changes. All information and terms must be treated as strictly confidential.
- Assignments (project invitations) solely constitute an ‘Invitation to place a bid’. Users can accept invitations to projects and share their request for more information with Motius as a bidder. Users are not entitled to any right to be commissioned by Motius or establish an employment relationship with Motius.
- In the event that a contractual relationship is established between a user or bidder and Motius, all necessary provisions will be governed by a separate contract. A contractual relationship shall solely be established upon signature of a freelance contract or contract of employment by both contractual parties.
Section 4: Data Protection
Section 5: Governing Law and Place of Jurisdiction
- All contractual relationships established between Motius and users are governed by the laws of the Federal Republic of Germany. In deviation from the aforementioned governing law, the strict stipulations of consumer protection law in force at the customer’s place of domicile shall also apply.
- If a provision in these Terms and Conditions is found to be void or unenforceable in full or in part, this shall not affect the validity of the remaining provisions. The contractual parties hereby agree to replace the void or unenforceable provision with a legally effective provision that conveys the intent of the original void or unenforceable provision. The above provision also applies to any regulatory gaps.
- The place of jurisdiction for legal disputes that arise between the user and Motius shall be Motius’ registered office.
- The duty of confidentiality commences with the creation of a user account, i.e. prior to the acceptance of a project, and applies to all non-publicly available information and knowledge the user gains access to. This non-disclosure agreement shall apply for an unlimited term.
- Information on the following topics in particular must be treated as confidential:
- Internal operations and relationships
- The business premises and all persons, materials, software and hardware located there
- Technical and financial matters
- Available projects and the terms thereof
- Motius customers
- The user shall be obligated to observe confidentiality towards third parties with regard to any information and project specifications it gains knowledge of prior to entering into a contractual relationship with Motius GmbH, to safeguard this information against third-party access and to solely use it for the purpose of applying for a project or position at Motius GmbH. If the user violates any of the above terms, Motius shall be entitled to assert claims for damages and injunctive relief.
- In the event that the user is granted access to existing computer systems and/or networks or data connections, he/she must not engage in any activity that may impair the functionality of the systems and/or lead to malfunctions. Furthermore, the user is only permitted to use access granted to existing computer systems to conclude the application process or perform work required to conclude a contract.