Terms & Conditions
§1 Service description and goal of the platform
1.1
PreF7 is a product of PreF7 Sp. z o.o headquartered in Wroclaw (similar to a German GmbH under Polish law).
It is a contact and tender portal for the purpose of the exchange of professional services between users of different fields from different industries. PreF7 (in the following portal provider) is made available to users on different domains and subdomains such as (PreF7.com; PreF7.com/en; PreF7.com/pl etc.). The company PreF7 does not carry out any mediations.
1.2
The basic idea is to provide an online portal with preconfigured services to make the exchange of information between users as simple and transparent as possible.
1.3
The basis for the exchange between the users is on the one hand project / job offers / services / personnel and on the other hand users, who as interested Premium Members can directly contact the respective provider. In addition, users can proactively offer their special skills. Depending on which premium package you have chosen, it is also possible to post your own projects / job offers / services / personnel on the PreF7 Online Portal.
1.4
With the registration and login on the portals of PreF7, a contract between the user and the company PreF7 Sp. z o.o. is concluded. With the upgrade to a paid “Premium Membership“, the user is provided with further services.
These are divided into the categories as follows:
„Premium Member Freelancer” / Premium Member „Recruiter“ / "Premium Member Enterprise".
1.5
Regardless of the additional files attached to a profile (such as CVs, images, references, certificates, etc.), all descriptions of qualifications and skills should be kept as clear and simple as possible.
The files voluntarily uploaded by the respective user can be viewed and processed by PreF7. ONLY the Premium Members "Freelancer", Premium Members "Recruiter" and Premium Members "Enterprise" have the possibility of all registered users / members to view uploaded files and if necessary their processing, especially downloading the files.
By voluntarily uploading files, all affected users automatically give their consent to view and possibly process your uploaded files according to these PreF7 General Terms and Conditions (GTC) / Terms of Use.
1.6
PreF7 reserves the right to amend, change or create new GTC at any time without giving reasons. The users will be informed about changes, additions or newly created GTC by e-mail before they come into effect. If the user does not object in writing within two weeks of receipt of the notification of change, the amended GTC shall be deemed accepted.
If the User objects to the amended GTC in accordance with article 221 of the Polish Civil Code (Consumer) within the specified period, this will lead to the termination of the contractual relationship between the User (Consumer) and PreF7 Sp. z o.o. within the regular period of notice (calculated from the date of receipt of the written objection). Any proportional premium repayments are regulated in the following.
According to the terms, the service applies to three categories:
"Premium Freelancer Member" / "Premium Recruiter Member" / "Premium Enterprise Member".
According to section 1.6 of the GTC, the "Premium Recruiter Member" and "Premium Enterprise Member" memberships are available only to entrepreneurs (b2b) users pursuant to article 431 of the Polish Civil Code. As a "Premium Freelancer Member" can also apply a private consumer in the sense of Art. 221 of the Polish Civil Code or an entrepreneur in accordance with Art. 431 of the Polish Civil Code with consumer rights.
The right to withdraw from the contract within 14 days applies to the non-entrepreneur pursuant to Art. 431 of the Polish Civil Code, provided that the entrepreneur acts in accordance with Art. 221 of the Polish Civil Code.
If the user Art. 431 of the Polish Civil Code (entrepreneur) does not accept the amended GTC, PreF7 reserves a subsequent 6-week special termination right, which includes a period of 3 months or to the end of the term of the respective Premium Membership. During this period, the GTC in the previous version shall apply.
The right of a business person, according to Art. 431 of the Polish Civil Code (entrepreneur), who makes a non-business purchase, has the right, according to Art. 221 of the Polish Civil Code (consumer), to cancel the contract within 14 days.
If the user does not accept the amended GTC according to Art. 431 of the Polish Civil Code (Contractor), PreF7 reserves the right to terminate the contract within a period of 3 months. During this period, the General Terms and Conditions as amended shall apply.
Any pro rate premium repayments are regulated in the following. (see §2 Membership and Terms of Use)
All users registering for the Recruiter Account or Enterprise Account must have the status of an entrepreneur according to Art. 431 of the Polish Civil Code.
Personnel / employees of a company whoregister a Recruiter Account or Enterprise Account thus act as entrepreneurs onbehalf of their company inaccordance with Art. 431 of the Polish Civil Code . These persons / employees are responsible representatives of your company on the portal PreF7. They ensure to have all rights and permissions for all data and profiles.
1.7
PreF7 reserves the right to change, extend and improve services and performances. PreF7 is also entitled to reduce the services to a reasonable extent.
§2 Membership and Terms of Use
2.1
By creating a user account, the user agrees to the GTC, the content and services, and in the case of a premium membership, the associated costs and fees.
The Premium Membership will be closed for 1 year from the time of the choice, depending on the package selection subject to a fee, and will always be extended by 1 year if the “Premium Membership” user account is not terminated / deleted at least 3 months before the end of the contract year.
2.2
The use of PreF7's services under the "Premium Membership" is subject to a fee. After creating an account, the User may exercise a 14-day right of withdrawal if he/she is a user (consumer) within the meaning of Article 221 of the Polish Civil Code. This can be done by deleting the account.
The aforementioned right shall also apply to a natural person who enters into a contract directly related to his/her commercial activity, if it is clear from the content of such contract that it is not of a professional nature for such person, which is evident in particular from the subject of his/her commercial activity provided on the basis of the provisions on the Central Register and information on commercial activity.
Users within the meaning of Article 431 of the Polish Civil Code (entrepreneurs, legal entities, self-employed persons, freelancers and traders) are not entitled to a 14-day right of withdrawal.
2.2.1
If users within the meaning of Art. 221 of the Polish Civil Code exercise a 14-day right of withdrawal; they will be blocked from registering and using PreF7 services for 1 year from the date of account deletion.
2.2.2
Registered user accounts without activity (except Premium Members) will be deleted after 1 year.
2.3
Services and information are made available to the user via a database. Some information can only be viewed anonymously, especially if the user does not have a premium membership on the PreF7 portal.
Users can access services and information on the PreF7 portal via the Internet.
The server and database infrastructure are located in Germany.
2.4
PreF7 is not liable for the truthfulness of the information provided by the user.
The user warrants and represents that all contact information and type of services provided are truthful and indemnifies PreF7 against all legal liabilities that may arise in connection with any misrepresentation (whether knowingly or unknowingly).
2.5
The user also affirms that the services and publications offered do not violate applicable law or the laws of the countries concerned, for example: in that, the user lives where the service is to be provided and so on.
2.6
The user is obliged to use the services of PreF7 properly. The user is especially obligated,
- to ensure that the network infrastructure or parts thereof are not overloaded by excessive use,
- not to misuse the access possibility to the PreF7 services / network infrastructure and to refrain from illegal actions,
- to comply with legal regulations and official requirements and to ensure that official permits are granted, insofar as these are currently or in the future required for participation in PreF7 services,
- to comply with the recognised principles of data security, in particular to keep passwords secret or to change them immediately or to initiate changes if it is suspected that unauthorised third parties have gained knowledge of them,
- to inform PreF7 immediately of any recognizable damage and/or defects,
- insofar as it is reasonable to do so, to take all measures which make it possible to determine the damage and/or defects and their causes or which facilitate and accelerate the elimination of the fault.
In case of doubt about the identity of the user, PreF7 has the right to check the user data comprehensively. The case of doubt may arise if, for example, user data, such as the email address for logging into the PreF7 portal to the respective user account, has already been assigned. In such cases, the user may be requested to perform an extended check of the user in the form of personal proof of identity.
2.6
PreF7 advises the user to protect his own account with a secure password.
The access data may not be made accessible to any other party (except in cases prescribed by law). The user is liable for damages resulting from misuse / disclosure of his data (password, etc.).
The user bears sole responsibility.
2.7
The user is responsible for all permissions and approvals necessary to receive the services. The User shall only receive and retrieve such information and data as he is entitled to receive in accordance with the agreements made. The User acknowledges to compensate PreF7 for any damage suffered by PreF7 as a result of the User processing, receiving or disclosing data other than those specified in the contracts concluded for the provision of the Services.
2.8
Messages between users must be personalised and contain a clear reference to the user’s profile.
In addition, the user is obliged to use the services and the information contained therein only within his contract and for his own purposes. The user undertakes not to use the services for unlawful purposes or to permit their use for such purposes.
2.9
Should the user violate the aforementioned obligations, PreF7 is entitled to terminate the contractual relationship with immediate effect, subject to the assertion of claims for damages.
§3 Contents, Services, Changes
3.1
PreF7 offers an online portal with several different services related to projects / job offers / services / personnel. Premium Members advertise these with the corresponding package on the online portal PreF7. In addition, members can apply themselves or their company with their respective Premium Membership and thus offer their skills, services and products.
3.2
PreF7 offers users an online platform with various services.
PreF7 reserves editorial freedom with regard to the content, the structure of the online platform including all services. In particular, in the interest of security, important changes, new information or a general change in the need for information, PreF7 is entitled to change the content and design of the services.
3.3
PreF7 cannot guarantee the uninterrupted provision of the services of PreF7. Especially in case of necessary maintenance work, interruptions could occur, whereby the maintenance work, if possible, will be announced in time. During the interruption period, as well as a reasonable pre- and post-time, PreF7 is exempt from the obligation to provide the services.
PreF7 is exempt from the obligation to perform for the duration of the restriction, failure or suspension in the case of unforeseen events and force majeure for example such as strike, water damage, fire as well as other circumstances for which PreF7 is not responsible and which make a restriction, failure or suspension of the services of PreF7 necessary. Force majeure also exists if PreF7 has to limit or completely suspend its services as a result of an attack on the IT systems by viruses and other malware, as PreF7 could not protect itself against the intrusion of viruses and malware under reasonable conditions.
3.4
Users cannot claim successful searches or requests in the service portfolio of the online portal PreF7.
3.5
Each user of the online portal releases PreF7 from all rights of third parties and bears the responsibility for all information and content provided.
The user acknowledges that all information which PreF7 obtains from users on the online portal or which has been entered into the information system by these users is not attributable to PreF7 and is not checked by PreF7 either.
3.6
The user agrees/accepts that parts of the services may be subject to intellectual property rights.
The user is obliged not to remove or obscure any copyright notices or other references to such rights contained in the information services and not to comply with the given regulations of the property right owner for the use of the information. The user acknowledges that projects / job offers / services / personnel or other users can exclude him from receiving the information.
§4 Termination, Exclusion, Suspension and Sanctions
4.1
In the case of a violation of the GTC of PreF7 by the user, as well as in the case of personal misconduct (such as non-objective or offensive statements, as well as the violation of rights of third parties), PreF7 reserves the right,
- to block the user account,
- to irrevocably delete the user account,
- to temporarily exclude the user from the use of certain services,
- to assert claims for damages.
4.1.1
The usage costs of a “Premium Membership” for users within the meaning of Art. 221 of the Polish Civil Code will be refunded to the user in the event of a sanction or extraordinary termination on a pro rata basis up to the day of use. For this purpose, depending on the expenditure, PreF7 can retain processing fees up to a maximum of 10 Euro from the repayment amount.
4.1.2
The usage costs “Premium Membership” for users within the meaning of Art. 431 of the Polish Civil Code remain unaffected in the case of a sanction or extraordinary termination, i.e. they are due in any case for the current year even in the case of account blocking or deletion and cannot be refunded.
4.2
In the event of account closure or deletion, no extension will take place after expiry of the previous contract year and thus no further costs will be due. This is tantamount to a termination in due time. The deadlines to be observed for this are regulated in 4.3.
4.3
In case the user wants to cancel an account, the cancellation has to be made in due time by deletion of the account or by sending a written notification with the user ID (e.g. nickname; surname, first name) via the e-mail address created by the user in the PreF7 portal by sending an e-mail to support@pref7.com at the latest 3 months before the expiration of his user membership. An indication of reasons is not necessary in this case.
If no timely termination is carried out by PreF7 according to the procedure described here, the respective Premium Membership will be automatically extended by 1 year.
4.4
Messages between users must be personalised and clearly related to the user’s profile.
4.5
Sending of spam messages, multilevel marketing, mass messages, political and religious information, discriminatory, salacious,
sexual and violence glorifying content and similar activities are not allowed.
§5 Expenses, Payment Types, Benefit Program, and Default Payments
5.1
PreF7 has set itself the task of keeping all aspects (and thus the usage costs) of “Premium Membership” as simple and transparent as possible.
5.2
The current usage costs for PreF7 services can be found on our homepage.
5.3
Changes of the prices are possible at any time by PreF7, whereby the contributions of a current Premium membership are not affected. Changes such as increases only come into effect at the due date of the subsequent membership fee.
5.4
Insofar as necessary, the user agrees to receive invoices electronically.
The invoice is available for download in the user profile of the PreF7 portal.
5.5
In case of default of payment, PreF7 reserves the right to assert claims against the affected user for expenses, costs and fees in connection with a default of payment or payment returns, etc.
5.6
Additional expenditures and necessary support of the user on the part of PreF7, which are in connection with a misconduct of the user, can lead to additional costs, provided that these are within the scope of usual expenditures, hourly or daily rates. This also applies to expenses that go beyond a normal support case. The decision can be made and evaluated by PreF7 in individual cases. In such cases, PreF7 will inform the user in advance in writing of the costs to be expected in order to allow him the choice of recourse.
§6 Data Protection Regulations
6.1
PreF7 complies with the legal data protection regulations and PreF7 Sp. z o.o. with its registered office in Wroclaw (PL-50-078) at ul. Leszczynskiego 4/29, KRS Nr.: 0000679420, NIP: 8971840132, REGON: 367335302, Court of jurisdiction: SĄD REJONOWY DLA WROCŁAWIA FABRYCZNEJ WE WROCŁAWIU, VI WYDZIAŁ GOSPODARCZY KRAJOWEGO REJESTRU SĄDOWEGO, is responsible for the processing of your personal data provided by the user for the purpose of concluding a contract and billing, with the exclusion of files voluntarily uploaded and provided by the user.
The processing of users’ personal data by PreF7 is carried out primarily for the purpose of fulfilling the contract and is only carried out until the contract and the resulting claims expire and as long as the generally applicable regulations require this, in particular the tax regulations. The files voluntarily uploaded by the respective user (exclusively the “Premium Members”) can be viewed and processed by other users, whereby PreF7 is no longer responsible for this.
Your personal data will be transferred to the cooperation partners of Pref7 for fulfilling the contract, to enable the technical infrastructure tasks and proper accounting and tax activities.
6.2
In order to provide certain services to the user, it is necessary to use and process the personal user data. The conclusion of the contract requires the processing of personal data.
6.3
PreF7 is not responsible for contents and data that have been or made public according to the GTC, the settings of the user or the data protection regulations of PreF7 and which are or were stored by third parties. In addition, PreF7 is not obliged to prohibit or prevent such storage by third parties.
6.4
You have the right to ask Pref7 for access to your personal data, to correct, delete or limit the data. In addition, you have the right to object to the processing of your personal data and the right to have your personal data transferred, whereby the deletion and, if necessary, limitation as well as the objection to further processing of the personal data provided for the purpose of concluding the contract and billing will no longer make the continued existence of the contractual relationship possible.
You can contact the data protection officer at the following e-mail address: privacy@preF7.com
You also have the right to lodge a complaint to the GIODO (Inspector General of Personal Data Protection), Urząd Ochrony Danych Osobowych, ul. Stawki 2, 00-193 Warszawa, kancelaria@uodo.gov.pl
§7 Liability
7.1
PreF7 is neither liable for the correctness, completeness and up-to-datedness of the services nor for information provided by third parties, nor that these services and information are free of rights of third parties.
PreF7 also assumes no liability for business success.
7.2
Unless claims are based on injury to health, body or life, elementary contractual obligations (cardinal obligations) or due to intent or gross negligence, claims for damages arising from fault on conclusion of the contract, positive breaches of obligations, impossibility of performance, unlawful acts against PreF7 and its cooperation partners (technical infrastructure tasks and accounting activities) or employees in relation to users within the meaning of Art. 431 of the Polish Civil Code are excluded. With regard to the users within the meaning of Art. 221 of the Polish Civil Code, the statutory liability regulation shall apply.
7.3
Information about the user which is transmitted or can be viewed by technical means of transmission in the World Wide Web, mostly by an Internet provider or network operator despite due diligence, and the resulting damages are excluded by PreF7 and its cooperation partners regarding liability.
7.4
If the user violates the GTC of PreF7 and legal regulations, PreF7 is entitled to claim damages from the user in the amount of the damage incurred, as well as for necessary expenses regarding the elimination of the damage.
7.5
PreF7 assumes no liability for damage to property or personal injury caused by incorrect or missing information from users, as well as any illegal or punishable conduct by users. This also applies to actions by third parties in connection with users.
7.6
If registered users (i.e., any registered entity/consumer and individuals entering into a contract directly related to their business when it is clear from the content of that contract that it is not of a business nature for them) wish to file a complaint, such as for a payment made that was not ordered within the activation period of up to 3 business days for Premium membership, it can be sent to complaints@pref7.com.
§8 Place of jurisdiction / share capital
8.1
The place of jurisdiction is the registered office of the company PreF7 Sp. z o.o in Wroclaw / Poland.
Court of jurisdiction: SĄD REJONOWY DLA WROCŁAWIA FABRYCZNEJ WE WROCŁAWIU, VI WYDZIAŁ GOSPODARCZY KRAJOWEGO REJESTRU SĄDOWEGO,
8.2
Share capital: 5 000,00 ZŁ
§9 Final provisions
9.1
Amendments or supplements to this contract must be made in writing. This also applies to the written form clause. There are no verbal agreements.
The GTC are used as a basis for any contracts concluded with PreF7.
Contradictory GTC are at no time accepted or object of the contract.
9.2 “Escape clause”
Should individual provisions of these GTC be ineffective or impracticable or become ineffective or impracticable after conclusion of the contract, the effectiveness of the contract and the GTC shall otherwise remain unaffected. The ineffective or unenforceable provision shall be replaced by the effective and enforceable provision whose effects come as close as possible to the economic objective pursued by the contracting parties with the ineffective or unenforceable provision. The above provisions shall apply accordingly in the event that the contract proves to be incomplete.
§10 Company address
Pref7 Sp. z o.o.
ul. STANISŁAWA LESZCZYŃSKIEGO 4/29
50-078 WROCŁAW / POLSKA
info@pref7.com
KRS Nr.: 0000679420
NIP: 8971840132
REGON: 367335302
Managing shareholders:
Martin Laciok (CEO)
Christian Englert (CIO)