General Terms and Conditions of Co-Tasker GmbH and Cancellation Policy for Consumers

 

These General Terms and Conditions (hereinafter referred to as "GTC") regulate the use of the online platform "Co-Tasker". The operator of the online platform is Co-Tasker GmbH (hereinafter referred to as "Co-Tasker"), further details can be found in our imprint. These GTC apply regardless of the system or device on which Co-Tasker is run and come into force on 30.10.2020. The GTC for Co-Tasker valid until this date can be found here. For the use of the electronic payment system MANGOPAY the MANGOPAY terms and conditions apply.

 

1 Definition

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1.1 "User" means persons registered on the online platform Co-Tasker who use Co-Tasker. Users who tender for an order are referred to as "Client" and those who apply for an order are referred to as "Bidders". Bidders whose bids have been accepted by the client are referred to as "contractors".

 

1.2 "Contract" means the contract concluded between the contracting authority and the contractor for the provision of a service.

1.3 "Request" refers to the invitations to tender for the performance of contracts posted by the contracting authority on Co-Tasker.

 

2. Registration

 

2.1 In order to be able to fully use Co-Tasker, registration as a user is required. For this purpose, the necessary data, which can be seen from the respective input fields, must be entered completely, truthfully and without infringing the rights of third parties. Due to the relationship of trust required for cooperation on the Co-Tasker platform, it is necessary to verify the identity of the user during registration. Should the entered data change subsequently, the user is obliged to update it immediately. Co-Tasker is entitled to reject the registration without giving reasons. Upon successful registration, the user will receive an e-mail confirming the registration and giving details of the registration. After receipt of this e-mail and confirmation of the link contained therein, the user shall be entitled to make full use of the Co-Tasker platform in compliance with these GTC.

 

2.2 In order to register you must be of legal age, have unlimited legal capacity and be resident in Germany. Registration is only open to natural persons.

 

3. Mediation service

 

3.1 Co-Tasker provides a platform for the mediation of all kinds of services. On the Co-Tasker platform clients can create requests for this purpose, to which Bidders can submit offers. If the client accepts the offer of a bidder, Co-Tasker's mediation service shall be deemed to have been provided in full. 

 

3.2 Co-Tasker merely provides the platform for the mediation of services, but is not involved in the orders mediated via the platform either as a contractual party or as a representative, vicarious agent or similar.

4 Conclusion of the contract between the client and the contractor

 

4.1 The Request for Proposal prepared by the Client is a non-binding invitation to submit offers by Bidders. If the Client accepts the offer of a bidder, a legally binding contract is concluded between the two. The content of the contract shall be governed by the agreement between the Client and the Contractor, these GTC and the statutory provisions.

 

4.2 The Client shall describe its request in as much detail as possible in order to facilitate planning and calculation for the Bidders. This may include specifying the price of the order, grouping the order under various categories, selecting the time and place of execution, adding pictures and compiling a list of mandatory requirements. Users can publicly request additional details about the request from the Client.

 

4.3 At the request of the Client, Bidders may submit offers for the performance of the contract. The bids of the Bidders may contain details on the performance of the contract that differ from the original request.

 

4.4 Until the Client has accepted a tenderer's tender, it may at any time amend the tender it has submitted. After the contracting authority has accepted the tender of a tenderer, it may subsequently amend the content and the price of the contract only with the consent of the contractor. If the contractor does not agree to the subsequent amendment, the contract shall remain in its original form.

 

5. Terms of payment and agency fee

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5.1 In order to be able to tender and accept orders, Users must open an account with the payment service provider MANGOPAY (hereinafter "E-Wallet"). Payments for the provision of orders are processed via the e-wallet. The MANGOPAY terms and conditions apply in addition to the e-wallet and the payments processed via it. 

 

5.2 Co-Tasker shall receive a brokerage fee for the brokerage of orders. Prior to the conclusion of an order Co-Tasker shall inform the user once again separately of the brokerage fee to be paid by the user.

 

5.3 Before the principal can accept a bidder's offer to perform an order, his e-wallet must first have sufficient funds to cover all costs associated with the order. If the principal has successfully accepted the offer, the brokerage fee will be due and transferred from the principal's E-Wallet to Co-Tasker. The remaining amount will be deducted from the Client's e-wallet and transferred to the Contractor after clearance by the Client.   

 

5.4 If the Client subsequently cancels an accepted order, the sum deducted from the Client's E-Wallet for the purpose of payment to the Contractor shall be returned to the Client. A lump-sum compensation may be deducted from the amount recovered. No liquidated damages will apply if the cancellation is made more than 24 hours before the agreed time of execution of the order. Liquidated damages in the amount of 10% of the agreed amount for order fulfilment shall be incurred in the event of cancellation between 12 and 24 hours before the agreed time of order fulfilment (but not more than EUR 8.00 in total). Liquidated damages amounting to 20% of the agreed amount for the performance of the order shall be payable in the event of cancellation less than 12 hours before the agreed time of performance of the order (but not more than a total of EUR 15.00). The damages shall be set higher or lower than the liquidated damages if the amount of the damages is proven accordingly. The liquidated damages shall also not apply if the Client proves that he was prevented from accepting the contractual performance without any fault on his part. In addition, the contractor may accept the client's cancellation and waive the liquidated damages.  

 

5.5 If the Contractor cancels the Order or is unable or unwilling to perform the Order, the Client shall be refunded the amount deducted from its e-wallet for the purpose of payment to the Contractor. In the event of frequent and/or last-minute and unexcused cancellations by a User, Co-Tasker reserves the right to temporarily or permanently block the User's Account or to take other appropriate measures.

 

5.6 As Co-Tasker has fully performed the mediation service owed after acceptance of the offer by the Client, in the event of a subsequent cancellation Co-Tasker shall in no case refund the mediation fee. Co-Tasker reserves the right to refund the agency fee after an appropriate individual case examination.

 

5.7 In the event of a dispute between the Client and the Contractor as to whether an order has been successfully completed, both parties may contact Co-Tasker's customer service department for clarification of the matter. It is strongly recommended to contact the customer service before ordering the payment to the contractor, as only then a refund of the agreed amount to the client can be arranged.

 

5.8 The brokerage fee in the Co-Tasker App is a gross amount, including the applicable VAT. The amount to be paid by the Client to the Contractor for the provision of the service is understood to be the total amount, which already includes any applicable taxes and duties. The Users themselves are responsible for the payment of taxes and duties in connection with orders rendered.

 

5.9 After completion of the order the respective User shall receive an invoice from Co-Tasker for the brokerage fee paid by him. In addition, Co-Tasker shall issue an invoice to the client in the name of the contractor for the performance of the order. The invoice shall be issued electronically in each case.

 

6. Lawful use

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6.1 The Contractor shall perform the order vis-à-vis the Client to the best of its knowledge and belief and with due care. In particular, the Contractor shall show consideration for the Client's legal interests in the performance of the order and shall be obliged not to violate these GTC, statutory provisions and the rights of third parties.

 

6.2 The use of Co-Tasker may not violate these GTC, legal provisions, morality or the rights of third parties. In particular, the following must be observed:

 

• No unsolicited mass mailings, e-mail, SMS advertisements or other disturbing or harmful content may be distributed.
   

• Without the express written consent of Co-Tasker, content and user data may not be reproduced, made publicly accessible, disseminated, edited or otherwise used in any way.
   

• It is not allowed to call for the commission of criminal offences. This also applies to corresponding acts of preparation and support.
   

• Users are obliged to comply with legal requirements that apply to the provision and remuneration of certain services (e.g. architectural and engineering services).
   

• The statutory provisions to combat illegal employment must be observed and the creation and acceptance of orders that violate these provisions is prohibited. This also applies to the use of the Co-Tasker platform for corresponding preparatory actions.
   

• Sex services and comparable activities may not be offered, used, brokered or otherwise made available via the Co-Tasker platform. 

 

6.3 The Users are obliged to comply with tax law, trade law, social law and other legal requirements and to comply with legal obligations to provide information.

 

6.4 The contents posted by the Users on Co-Tasker must not violate these GTC, legal provisions, morality or the rights of third parties. Therefore, please check whether you have the necessary rights before posting content. 

 

6.5 Co-Tasker does not procure employees for the provision of work services.

 

6.6 The access data to Co-Tasker must be treated confidentially and may not be made available to third parties.

 

 

6.7 Orders placed with Co-Tasker may not be concluded with Bidders by circumventing the Co-Tasker platform. This does not apply if the prohibition of circumvention is unreasonable for Users. Unreasonableness may result from a concrete danger to life, limb or property.

 

 

6.8 If Co-Tasker uses third parties to provide certain services (e.g. payment services), the Users shall also observe the terms of use of the third party.

 

6.9 In the event of a violation of these GTC, legal regulations, morality or the rights of third parties, Co-Tasker shall be entitled, among other things, to notify the User concerned of the violation, to block individual services or orders, to block the User's account temporarily or permanently or to take other appropriate measures, such as referring the matter to the public prosecutor's office.

 

7. Assessments

 

 

7.1 The client and the contractor have the opportunity to evaluate each other after the execution of the order or other completion of the order. 

 

7.2 The evaluations must be factual and truthful and may not contain any insults or other content that violates legal regulations or morality. Violations may lead to the complete or partial deletion of the rating, to the blocking of the user as well as to further appropriate measures.

 

8 Liability

 

 

8.1 The orders and other contents published by Users in the Co-Tasker do not reflect the opinion of Co-Tasker and are not checked by Co-Tasker for their legality, correctness and completeness. Co-Tasker does not guarantee the accuracy and completeness of the orders and other content published on Co-Tasker, nor does it guarantee the quality, safety or legality of the services offered or provided by Users.

 

8.2 Claims for damages by the user are excluded. Excluded from this are claims for damages by the User arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by Co-Tasker, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

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8.3 In the event of a breach of material contractual obligations Co-Tasker shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the User's claims for damages arise from injury to life, limb or health.

 

8.4 The limitations in No. 8.2 and 8.3 shall also apply to the benefit of Co-Tasker's legal representatives and vicarious agents if claims are asserted directly against them.

 

8.5 The limitations of liability resulting from No. 8.2 and 8.3 shall not apply insofar as Co-Tasker has fraudulently concealed the defect or has assumed a guarantee for the quality of an item. The same shall apply insofar as the Supplier and the Customer have reached an agreement on the quality of an item. The provisions of the Product Liability Act remain unaffected.

 

8.6 Liability between the Supplier and the Customer shall be governed by the statutory provisions. Co-Tasker only provides mediation services and is not liable for the Users of the platform.

 

9 Amendment of the GTC and availability of the platform

 

9.1 Co-Tasker shall be entitled to amend provisions of these GTC which do not lead to or affect a material change in the contractual structure at any time and without stating reasons, provided that such amendment does not lead to a change in the contractual structure as a whole. The essential provisions of the contract structure include, in particular, provisions relating to the type and scope of the contractually agreed services, the term and termination of the contract. In addition, Co-Tasker shall be entitled to amend or supplement these GTC if this is necessary to eliminate difficulties in the performance of the contract due to regulatory gaps which have arisen after the conclusion of the contract. The amended terms and conditions shall be sent to the Users by e-mail at least six weeks before they come into force. The amendments shall be deemed to have been approved if they are not objected to in text form. The objection must be received by us within six weeks after receipt of the notification of the amended terms. Co-Tasker shall make special reference to this possibility of objection and the significance of the six-week period in the notification of the amended terms and conditions. If a User exercises his right of objection, the proposed amendment shall be deemed to have been rejected. The contract shall then be continued without the proposed changes. In the event of an objection, the Users and Co-Tasker shall have the right to terminate. Termination may not be effected if it would unreasonably prejudice the contractual interests of the Users.

 

9.2 The Users shall be responsible for setting up and maintaining the internet access necessary for the use of Co-Tasker. During the use of Co-Tasker data and connection fees may be charged by mobile network operators, for which the respective user is responsible. Users are responsible for obtaining and updating the compatible hardware and equipment required for the use of Co-Tasker as well as for corresponding updates. Co-Tasker does not warrant that Co-Tasker or any part thereof will function on the relevant hardware or devices. In addition, Co-Tasker may experience interruptions and delays in the use of Co-Tasker due to the use of the internet and electronic communications. Co-Tasker endeavours to ensure the best possible availability of its services and to remedy faults as quickly as possible. In addition, please note that Co-Tasker neither represents nor warrants that access to or use of its services will be uninterrupted or error-free. Temporary interruptions or errors may occur in particular for reasons of force majeure or due to maintenance and modernisation measures. In addition, Co-Tasker's services may be subject to limitations, delays and other problems characteristic of the use of the Internet and electronic communications.

 

10. Term and termination of the contract

 

10.1 The contract with the User is concluded for an indefinite period. It shall come into force upon receipt by the user of the registration confirmation e-mail.

 

10.2 After completion of all open orders, the user is entitled to terminate this contract at any time without notice (by deleting the user profile or by sending an e-mail to support@co-tasker.com).

 

10.3 Subject to other provisions in these GTC, Co-Tasker may terminate the contract with the user with a notice period of 14 days.

 

10.4 Payment claims or contractual relationships concluded prior to termination shall not be affected by termination. If a User still has a credit balance on his/her E-Wallet in the event of termination, this shall be paid out to a bank account.

 

10.5 In the event of a termination by Co-Tasker the User may only re-register on the platform with the express consent of Co-Tasker. 

 

10.6 The right to terminate the contract for good cause remains unaffected.

 

11. Instruction about the right of withdrawal for consumers

 

If you use the Co-Tasker as a consumer and conclude contracts for chargeable services with Co-Tasker, you have a legal right of withdrawal, which Co-Tasker informs you about as follows. The same applies with regard to an order concluded via the Co-Tasker platform, provided that the order was concluded by you as a consumer with an entrepreneur.

 

Cancellation policy

 

Right of withdrawal

 

You have the right to cancel this contract within fourteen days without giving any reason.

 

The revocation period is fourteen days from the day of the conclusion of the contract.

 

To exercise your right of withdrawal, you must inform us (Co-Tasker GmbH, Am Hamburger Bahnhof 3, 10557 Berlin, e-mail: support@co-tasker.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.

 

To comply with the cancellation period, it is sufficient for you to send the notification of the exercise of the right of cancellation before the end of the cancellation period.

 

Consequences of cancellation

 

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

 

If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

 

Special notes

 

The right of withdrawal does not apply to contracts for the provision of services in connection with
leisure activities if the contract provides for a specific date or period of performance.
specific date or period for the provision.

 

Your right of withdrawal expires prematurely if the service owed has been fully performed and the performance of the service has only begun after you have given your express consent to this and at the same time confirmed your knowledge that you lose your right of withdrawal upon full performance of the contract.

 

Sample cancellation form

 

(If you wish to cancel the contract, please complete and return this form).

 

- To Co-Tasker GmbH, Am Hamburger Bahnhof 3, 10557 Berlin, e-mail: support@co-tasker.com:

 

- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*).

 

- Ordered on (*)/received on (*)

 

- Name of the consumer(s)

 

- Address of the consumer(s)

 

- Signature of consumer(s) (only in case of paper communication)

 

- Date(s)

 

---
(*) Delete where inapplicable.

 

12 Final provisions

 

12.1 There are no ancillary provisions outside these GTC. Amendments or supplements to these GTC must be made in writing. This also applies to the waiver of the written form requirement.

 

12.2 The possible invalidity of individual provisions of the contract shall not affect the validity of the remaining content of the contract. If, in the course of the practical implementation of this contract, gaps arise which the parties did not foresee, or if the invalidity of a provision is established in a legally binding manner or by both parties in agreement, they undertake to fill or replace this gap or invalid provision in a factually appropriate manner oriented to the economic purpose of the contract.

 

12.3 These GTC shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

 

12.4 For Users who are merchants, legal entities under public law or special funds under public law, the registered office of Co-Tasker is agreed as the place of jurisdiction.