GENERAL TERMS AND CONDITIONS
For registration of Interim Managers
The following GTCs are for informational purposes only. The terms and conditions are legally binding in German language only.
1. Object
1.1 These general terms and conditions regulate the contractual relation between registered interim managers (users) and butterflymanager GmbH (hereafter referred to as butterflymanager).
1.2 The butterflymanager pool offers the following two types of use for registered interim managers (users): a) „Basic“ – users enter data and update their personal data and curriculum vitae themselves b) „Serviced“ – staff at butterflymanager enter and update the personal data and curriculum vitae for users. All data is used by butterflymanager and its contractual partners to find employment for the users as interim managers.
1.3 Information on the fees and services provided in the different types of use can be found in the overview of services. The prices mentioned there are binding. Payment of the fees for the types of use for one year is due immediately upon issue of invoice. The user may pay the invoice by direct debit payment, particularly accepted credit cards, or via the online payment system that is offered. If the fee cannot be collected, the user is responsible for the costs that are incurred as a result, in particular the bank fees related to the return of a direct debit and similar fees to the extent that matches the transaction that caused the costs. butterflymanager shall deliver invoices, payment documents and reminders to its users by email.
1.4 butterflymanager shall not make data and/or information that has been provided by users available to other users.
1.5 The user acknowledges the fact that it is not technically possible to realize 100% availability of the butterflymanager websites. However, butterflymanager shall endeavour to keep the butterflymanager websites available as constantly as possible. Especially maintenance, security or capacity issues as well as events that are not under the control of butterflymanager, (for example breakdowns in public communication networks, power failures, etc.) can lead to brief disturbances or to the temporary suspension of services on the butterflymanager websites.
1.6 Neither of the types of use shall guarantee users successful employment as an interim manager.
1.6 With the exception of the services guaranteed in the overview of services, other services may be offered by partners of butterflymanager. These shall be announced by email. However, offers of further services are not guaranteed by butterflymanager. If contracts are concluded with partners, the role of butterflymanager in these issues is only that of an intermediary. The general terms and conditions and privacy policies of the respective partner company apply in terms of these partner offers. It is the partner companies that carry out the complete booking transaction and it is these companies that represent the contractual partner and contact agent for the user.
2. Registration, assurance during registration
2.1 The user must register in order to use the services on the butterflymanager websites.
2.2 The user assures that the data he/she has provided during registration is true and complete. The user is obliged to inform butterflymanager about any changes to his/her user data immediately. The user may not use any pseudonyms or stage names.
2.3 The user assures that he/she is of age at the time of registration.
2.4 At registration, the user selects a user name and a password. He/she is obliged to keep this data secret. butterflymanager shall not pass this data on to third parties and never ask the user for his/her password.
2.5 Completion of the registration process enables the user to submit an offer for the conclusion of a contract pertaining to the use of services of the butterflymanager websites. butterflymanager accepts this offer by approving the user for use of the services of the butterflymanager websites. Acceptance of the offer is confirmation of the contract between the user and butterflymanager.
2.6 Each user may only register once and create one user profile.
2.7 Registered users shall receive a butterflymanager newsletter per email at irregular intervals, but at a maximum of every four weeks. Special offers from butterflymanager may also be advertised by email in addition to the newsletters.
3. Consumer protection
Registration in the butterflymanager pool is exclusively for commercial purposes, specifically for the purposes of an independent professional career activity. The users are in no way regarded as a consumer in terms of the law (§ 13 of the German Civil Code).
4. Obligations of the user
The user is obliged to ensure that only true information is included in his/her curriculum vitae. De-personalisation of information is permitted.
5. Amendment of services on the butterflymanager websites
butterflymanager is reserved the right to amend the services offered on the butterflymanager websites or to offer different services unless this is unreasonable with regard to the user.
6. Duration, termination of the contract, switching between the types of use, repayment of fees paid in advance
6.1 The duration of a registration period amounts to one year. It is extended automatically by one year unless the contract is terminated at notice of one month before expiry of the registration period. Termination can be processed via the butterflymanager websites; a written notice of termination is not required. In the event of a termination, the user’s data is deleted from the butterflymanager systems. An exception is made with regards to the data that is necessary to avoid duplicate registrations and the data, which, for legal reasons, must be archived, pertaining to the documentation of registrations and any possible cooperations.
6.2 A switch to a different type of use is possible at all times. In the event of an upgrade, in the first year of the upgrade, the difference between the sums for the two types of use is due plus the previous annual subscription. For the years continuing, the usual annual fee applies. A downgrade is only possible at the end of the subscription year. No additional costs are incurred.
6.3 Repayment of fees paid in advance only takes place if the paid period of time is after the date upon which the notice of termination comes into force.
7. Responsibility for content, data and/or information of the users
butterflymanager is not responsible for the content, data and/or information provided by users on the butterflymanager websites.
8. Customer services/support
The user may communicate questions and request explanations about his/her contract with butterflymanager or about the services provided by butterflymanager via the contact forms available on the butterflymanager websites or by fax, telephone, email or letter.
9. Liability of butterflymanager
9.1 Claims for damages – for whatever legal grounds – against butterflymanager (and their vicarious agents) that presuppose light negligence may only be made if a major contractual obligation/cardinal obligation has been breached. A cardinal obligation is an obligation the user can assume will be met and an obligation whereby proper execution of the contract is not enabled until this obligation is fulfilled. Claims for damages in this case are limited in amount to typical, foreseeable damage.
9.2 The limitations do not apply in as far as the damage is covered by the business liability insurance of butterflymanager and the insurer has paid butterflymanager.
9.3 Claims pertaining to physical injury and also damage to property according to the Product Liability Act remain unaffected. The aforementioned exemptions from liability and limitations do not apply in the event that butterflymanager accepts express guarantee; the same applies in the event of claims due to a lack of warranted properties.
10. Data protection
10.1 butterflymanager is aware that it is especially important to users that personal data, provided by the users to butterflymanager, is treated particularly sensitively. butterflymanager therefore observes all the appropriate, statutory data protection regulations (German and Swiss data protection acts, European data protection directives and all other applicable data protection regulations). butterflymanager will not pass the personal data of its users on to third parties without authorisation or make any third parties aware of this data.
10.2 Only staff, licensees and contractual partners of butterflymanager have access to the personal data of users and have been subject to an explicit data protection agreement.
10.3 butterflymanager and its staff, licensees and contractual partners will not pass personal user data on to third parties without having received explicit authorisation from the user for each individual case.
10.4 Over the course of the registration process, butterflymanager will store the following data: IP addresses and other technical data are stored in the normal course of general server log files. When you visit our page, the most popular cookies are used to identify the logged in users, but not stored for a longer periode. All data entered by the user, are stored and used by butterflymanager. Data from deleted accounts will also be deleted. Excluded from this regulation, are data which have to be stored for legal reasons (cash data, contract data, …).
11. Final provisions
11.1 The contract and its amendments must be made in writing. There are no subsidiary agreements.
11.2 butterflymanager is reserved the right to amend these general terms and conditions including all prices at any time without having to name a reason, providing this is reasonable for the user. butterflymanager shall inform the user about changes to the general terms and conditions in due time. If the user does not contradict the validity of the new general terms and conditions within six (6) weeks after notification, the amended general terms and conditions are considered to be accepted by the user. In the notification, butterflymanager shall point out the user’s right of objection and the significance of the time limit for filing an objection.
11.3 If no other agreement is made, the user can communicate all statements to butterflymanager by email using the contact forms that are available on each of the butterflymanager websites, or by telephone, fax or letter to butterflymanager. butterflymanager may communicate statements to the user by email or by fax or letter to the addresses the user has specified in the current contact data of his/her user account.
11.4 If any provisions of these general terms and conditions are, or become, invalid, this shall not affect the validity of the remaining provisions.
11.5 Place of performance is the head office of butterflymanager GmbH.
11.6 Court of jurisdiction is, providing this is permitted by law, the head office of butterflymanager Service GmbH.
11.7 German law shall apply with the exclusion of international private law and the United Nations Convention on Contracts for the International sale of Goods that has been included in German legislation.
11.8 The butterflymanager pool and the butterflymanager websites are offers provided by butterflymanager GmbH, Bahnhofstr.31, 8280 Kreuzlingen. butterflymanager GmbH is responsible for all guarantees that are assured in these general terms and conditions under butterflymanager.