we connect work (wcw) connects inquiring customers with self-employed contractors who offer work or services in Germany. wcw provides its services exclusively to entrepreneurs (B2B). Unless otherwise agreed with wcw in individual cases, the following terms and conditions shall apply to the customer and the contractor when using the website and utilizing any of wcw's services:

§ 1 Authorized users

Only entrepreneurs within the meaning of § 14 BGB are entitled to use wcw's offer. The Contractor and the Customer confirm that they are acting exclusively in the exercise of their commercial or freelance activities and therefore as entrepreneurs. Consumers within the meaning of § 13 BGB are prohibited from using any offer or service from wcw.

§ 2 Exclusivity of the brokerage

wcw acts exclusively as an mediator between the Contractor and the Customer. Service or work contracts for the provision of the Contractor's services requested by the Customer shall be concluded exclusively between the Customer and the Contractor. The Customer and the Contractor are prohibited from concluding contracts that are typically brokered by wcw (contracts for work and services) with the other party or from entering into corresponding negotiations, provided that the last contact or brokerage by wcw took place less than 12 months ago. In the event of a culpable breach of this obligation, the client and contractor shall owe wcw a contractual penalty in accordance with § 5 of the terms and conditions.

§ 3 Agency fee

Subject to individual contractual agreements, wcw shall receive an agency fee amounting to 15.00% of the agreed remuneration for the respective total order at the time of conclusion of the contract between the customer and the contractor. Any reductions in the contract volume after conclusion of the contract between the contractor and the customer, in particular due to termination, shall not be taken into account in the agency fee. The Contractor and the Customer shall be jointly and severally liable to wcw for the agency fee. The agency fee shall also be payable if the Contractor does not act itself but uses subcontractors. The payment obligation is due for payment to wcw no later than 4 weeks after conclusion of the contract between the customer and the contractor. The contractor is obliged to take the agency fee into account when preparing his offer and invoicing the client. The agency fee shall be payable for the duration of each contractual relationship between the Customer and the Contractor relating to service and work contracts. For the avoidance of doubt, this shall also apply to contracts of branches, subsidiaries and legal successors of the Customer for work or services with the Contractor and its subcontractors. Such contracts must be notified to wcw immediately by the customer and the contractor and the agency fee must be settled and paid in accordance with the provisions of these terms and conditions.

§ 4 Obligation to pay/ collection of the agency fee

The client may make payments to wcw from contractual relationships brokered by wcw in discharge of debt. wcw is entitled but also obliged to retain the agency fee for payments made by the customer and to forward the remaining amount to the contractor. The contractor is not entitled to make claims directly against the client and to bypass wcw in the settlement. If the Customer and/or the Contractor culpably bypass wcw in the invoicing, this shall result in a contractual penalty obligation in accordance with § 5 of the Terms and Conditions. In addition, both shall remain jointly and severally liable to wcw for payment of the agency fee.

§ 5 Contractual penalty

If the Contractor and/or the Customer culpably violate their respective main obligations to include wcw, they are each obliged to pay wcw a contractual penalty of 15% of the net total order volume over the entire period of the violation, but for a maximum period of 18 months, but at least to pay an amount of € 10,000.00 net. Claims for damages by wcw based on the breach of duty subject to contractual penalty shall not be affected by the contractual penalty payment. However, contractual penalty payments shall be offset against the claim for damages.

§ 6 Liability

Unless otherwise stated in these provisions, wcw shall be liable in the event of a breach of contractual and non-contractual obligations in accordance with the statutory provisions. wcw shall be liable for damages - irrespective of the legal grounds - within the scope of fault-based liability in cases of intent and gross negligence. In the event of simple negligence, wcw shall only be liable, subject to statutory limitations of liability (e.g. care in its own affairs; insignificant breach of duty), for damages resulting from injury to life, limb or health, for damages arising from the breach of an essential contractual obligation (an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely); in this case, however, our liability is limited to compensation for foreseeable, typically occurring damages. These limitations of liability shall also apply to third parties and in the event of breaches of duty by persons (including in their favor) whose fault wcw is responsible for in accordance with statutory provisions. They shall not apply in the event of fraudulent concealment or assumption of a guarantee.

§ 7 Other provisions

German law shall apply exclusively in the German language, with the exception of the norms of German law that stipulate the application of foreign law. The exclusive place of jurisdiction for all disputes arising from this contract, its termination and any subsequent disputes is Koblenz. Should any provision of this contract be invalid, this shall not affect the validity of the remainder of this contract. The statutory provisions shall then apply. If the contract contains a loophole, the parties are obliged to replace it with a provision that comes as close as possible to what was intended.