GTC

General Terms and Conditions for the Provision of Services by

Pancodium GmbH
Philosophenweg 31-33
47051 Duisburg
E-Mail: info@pancodium.de

(hereinafter referred to as "Contractor") to its Customers (hereinafter referred to as "Client").

1. General

1.1

These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the client and the contractor in accordance with these GTC.

1.2

The contractor is entitled to assign the necessary services to subcontractors in its own name and on its own account, who in turn may also use subcontractors. The contractor remains the sole contractual partner of the client. Subcontractors shall not be used if it is apparent to the contractor that their use would be contrary to the legitimate interests of the client.

1.3

Insofar as, in addition to these General Terms and Conditions, further contractual documents or other terms and conditions in text or written form have become part of the contract, the provisions of these further contractual documents shall take precedence over these General Terms and Conditions in the event of a conflict.

1.4

The contractor does not recognize any terms and conditions used by the client that deviate from these terms and conditions, unless expressly agreed upon.

1.5

Definitions in connection with clients: Students are natural persons who use a mobile app or PWA (Progressive Web Application) exclusively for private purposes. Companies are legal or natural persons who use the web application for recruitment. Universities or professors are public institutions and their employees who use the web application for recruitment.

2. Subject matter of the contract and scope of services

2.1

The contractor provides the following services to different groups of clients: Provision of a fee-based platform for universities and companies to bring students together with companies, university members, third parties, and other entities for various purposes.

2.1.1

Services for students: The mobile app and PWA (Progressive Web App) are available free of charge. Students can create profiles, search for offers, and apply for positions. No usage fees apply.

2.1.2

Services for companies: After registration, companies can create job postings, manage their company profile, and initially use the platform in test mode through a web application. For publishing job postings and receiving and responding to applications, a paid subscription is required. Any discounts remain unaffected.

2.1.3

Services for universities and professors: Universities and their employees can use the platform within the framework of individual contracts.

2.2

The specific scope of services is subject to individual agreements between the contractor and the client.

2.3

The contractor shall perform the contractual services with the utmost care and diligence in accordance with the latest standards, rules, and findings.

2.4

The contractor is obliged to perform the services owed under the contract. However, in performing his activities, he is not subject to any instructions regarding the manner in which his services are to be performed, the place of performance, or the time of performance. However, when scheduling the working days and allocating time on these days, the contractor shall determine this itself in such a way that optimum efficiency is achieved in its activities and in the realization of the subject matter of the contract. The contractor shall only perform the services in consultation and coordination with the client.

2.5

The contractor is not obliged to connect the client with other clients via the platform, regardless of whether a match has been generated by the platform. A claim to mediation and connection for different purposes therefore only exists if, in accordance with the algorithms used, there are systematic suggestions based on the underlying information and data and a sufficient number of users have entered their data on the platform.

2.6

The contractor reserves the right to expand, change, or restrict the services and functions offered at any time.

3. Obligations of the client to cooperate

It is the responsibility of the client to provide the information, data, and other content required for the performance of the services in a complete and accurate manner. The contractor shall not be liable to the client in any way for delays in the provision of services caused by late and necessary cooperation or assistance on the part of the client; the provisions under the heading "Liability/Indemnification" remain unaffected by this.

4. Remuneration

4.1

Remuneration is agreed upon in individual contracts.

4.2

Remuneration shall be paid after the services have been rendered. If remuneration is calculated on the basis of time periods, it shall be paid after the expiry of the individual time periods (Section 614 BGB). In the case of expense-based billing, the contractor shall be entitled, subject to any deviating agreements, to invoice the services provided on a monthly basis.

4.3

The contractor shall send the client an invoice by email (e. g. as a PDF) before providing the services. Payment is due within 14 days of receipt of the invoice.

4.4

Remuneration for students: The use of the mobile app and PWA (Progressive Web App) is free of charge for students. No fees are charged for registration or use. Any costs for data transmission or telecommunications must be borne by the students themselves.

4.5

Remuneration for companies: A paid subscription is required for publishing offers and accessing applications. Payment processing is handled by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). Companies can choose between monthly or annual billing periods. The first 14 days after concluding the subscription serve as a free trial period, during which all functions can be used. After the trial period expires, the first payment of the subscription becomes due.

4.6

Remuneration for universities and professors: Individual agreements apply to universities and their employees. Billing is carried out according to separate agreements. A free trial phase or project-related use can be agreed upon.

4.7

Refund policy for paid services: Companies can cancel within 14 days after concluding the subscription without giving reasons. No payment is due until then. After the trial period expires, the agreed subscription fee is calculated. Cancellation during the current billing period terminates the subscription at the end of the respective period. No pro-rata refund is made unless legally required otherwise.

5. Liability / Indemnification

5.1

The contractor shall be liable without limitation for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, limb, or health, on the basis of a guarantee promise, unless otherwise stipulated in this regard, or on the basis of, mandatory liability. If the contractor negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies in accordance with the preceding sentence. Essential contractual obligations are obligations that the contract imposes on the contractor according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely. Otherwise, the contractor's liability is excluded. The above liability provisions also apply with regard to the contractor's liability for its vicarious agents and legal representatives.

5.2

The client shall indemnify the contractor against any claims by third parties asserted against the contractor due to breaches of these contractual terms and conditions or applicable law by the client.

6. Contract term and termination

6.1

The contract term and the notice periods for ordinary termination are determined according to client-specific agreements:

6.1.1

Termination by students: Students can delete their accounts at any time. The usage contract expires upon deletion.

6.1.2

Termination by companies: Companies can cancel the subscription at any time at the end of the current billing period. After the cancellation becomes effective, published job postings are terminated and the company can no longer receive new applications or contact applicants.

6.1.3

Termination by universities and professors: For universities and professors, the individually agreed notice periods apply. Ordinary and extraordinary termination rights remain unaffected.

6.2

The right of both parties to terminate the contract without notice for good cause remains unaffected.

6.3

Upon termination of the contract, the contractor must immediately return or destroy all documents and other content provided to them, at the customer's discretion. The assertion of a right of retention in this regard is excluded. Electronic data must be deleted in its entirety. This does not apply to documents and data that are subject to a longer statutory retention period, but only until the end of the respective retention period. Upon request, the contractor must confirm the deletion to the company in writing.

7. Confidentiality and data protection

7.1

The contractor shall treat all information that comes to its knowledge in connection with the order as strictly confidential. The contractor undertakes to impose the obligation of confidentiality on all employees and/or third parties who have access to the contractual information. The obligation of confidentiality shall remain in force indefinitely beyond the term of this contract.

7.2

The contractor undertakes to comply with all data protection regulations when executing the order, in particular the provisions of the General Data Protection Regulation and the Federal Data Protection Act.

8. Final provisions

8.1

The law of the Federal Republic of Germany applies, excluding the CISG.

8.2

Should any provision of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.

8.3

The client shall support the contractor in the performance of its contractual services by providing appropriate cooperation, where necessary. In particular, the client shall provide the contractor with the information and data necessary for the fulfillment of the contract.

8.4

If the client is a merchant, a legal entity under public law, or a special fund under public law, or does not have a general place of jurisdiction in Germany, the parties agree that the contractor's registered office shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected by this.

8.5

The contractor is entitled to amend these General Terms and Conditions for objectively justified reasons (e.g., changes in case law, legislation, market conditions, or business or corporate strategy) and subject to reasonable notice. Existing customers will be notified of this by email at least two weeks before the change takes effect. If the existing customer does not object within the period specified in the change notification, their consent to the change shall be deemed to have been given. If they object, the changes shall not take effect; in this case, the contractor shall be entitled to terminate the contract extraordinarily at the time the change takes effect. The notification of the intended change to these General Terms and Conditions shall indicate the deadline and the consequences of the objection or its absence.

8.6

Additional information on the ordering process: Payment processing for paid services is handled by the payment service provider Stripe. Before concluding a subscription, buyers must accept our GTC and thus the refund policy (Section 4.7 of these GTC). Current prices are published on our pricing page.