1. General principles / scope of application
1.1 For all legal transactions between Speedinvest Heroes Consulting GmbH (hereinafter referred to as “SIH”) and the customer, these General Terms and Conditions as well as the content of the signed contract shall apply exclusively. The version valid at the time of the conclusion of the contract shall be authoritative in each case.
1.2 These General Terms and Conditions shall also apply to all future contractual relationships, thus even if not expressly referred to in additional contracts.
1.3 SIH operates and manages the job platform www.wecanbeheroes.io. Already by using the services provided on www.wecanbeheroes.io, the customer agrees to the general terms and conditions. A legally binding contract is validly concluded with the registration of a user account at www.wecanbeheroes.io, thus by clicking on “Register now”.
1.4 Conflicting general terms and conditions of the customer are invalid, unless they are expressly accepted by SIH in writing.
1.5 In the event that individual provisions of these General Terms and Conditions should be and/or become invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof. The invalid provision shall be replaced by a valid provision that comes as close as possible to its meaning and economic purpose.
1.6 The observance of international human rights and elementary business ethics principles is obligatory and binding for the parties. Discrimination on the basis of race, ethnic origin, gender, religion, ideology, disability, age, sexual identity or other characteristics related to the person shall not have any influence on the cooperation.
Mutual respect, professionalism, seriousness, politeness and fairness shall characterize the internal and external behavior and appearance.
2. payment methods & credits
2.1 SIH offers the following payment methods on its job platform: Payment by credit card, payment by Paypal as well as payment by cryptocurrencies within a Kyptowallet provided by Bitpanda.
2.2 The www.wecanbeheroes.io-Dienste can be purchased with credits or with a subscription to SIH. SIH offers the possibility to purchase credits in certain packages or also as a free quantity. With these credits the offered products can be purchased legally binding on www.wecanbeheroes.io.
2.3 Furthermore, SIH offers annual subscriptions, by which a predefined number of products can be used for a minimum term of one year.
2.4 The cancellation/refund of purchased credits/credit packages is excluded. The customer expressly acknowledges the waiver of any rights of withdrawal. Exception: If the contractual partner is a natural person and a consumer within the meaning of the Consumer Protection Act, a reversal of the purchase made may be made within 14 days of the purchase date, provided that no credits from the package in question have yet been used.
2.5 In addition, the refund/reversal of subscriptions is also excluded. Unless otherwise agreed, the minimum term of a subscription is one year. Cancellation must be made in writing and received by SIH three months before the end of the agreed term. If the subscription is not cancelled in time, this contract will be extended for another year.
3. JobAd Contract
3.1 JobAds are job advertisements which are displayed and marketed on www.wecanbeheroes.io and on various partner job platforms of SIH.
3.2 SIH offers the placement/publication of job ads on the platform www.wecanbeheroes.io. By concluding a JobAd contract, by means of booking in the user account, the contractual partner can publish the advertisement to be created by him/herself on www.wecanbeheroes.io and various partner sites.
3.3 The JobAd contract becomes legally valid upon booking and payment by credits. In the case of a subscription, the contract is already valid and legally binding upon booking.
3.4 SIH is not responsible for the content of a job advertisement (texts, images, logos, trademarks). An examination of the job advertisement for possible infringements and/or impairment of third party rights is not carried out by SIH. SIH is not liable for the completeness, correctness and up-to-dateness of the information and documents submitted by customers or candidates. Exclusively the contractual partner is responsible for the content, thus the used texts and image files. The contractual partner undertakes to fully indemnify and hold SIH harmless in the event of claims by third parties arising in connection with the publication of the job advertisement. If protected trademark rights are used in connection with the publication of the job advertisement, the contractual partner grants permission for the use upon conclusion of the contract and furthermore assures that he is actually entitled to grant the permission.
3.5 SIH is entitled but not obligated to publish or insert the job advertisement published by the contractual partner on other platforms of SIH as well as within the scope of platforms associated with partnerships.
3.6 SIH is not responsible for links on its website, which were made by customers and enable access to other websites. SIH is therefore only liable for its own content on its website. Links with illegal content will be removed immediately upon SIH becoming aware of them.
4. Company Profile / Employer Branding
4.1 Customers also have the possibility to create and publish a company profile (Employer Branding Profile) on www.wecanbeheroes.io. For this purpose, only the input fields and the framework are provided by SIH in the basic version.
4.2 Against booking of the Pro-Version SIH takes over the individual creation of the company profile. Hereby, the customer is obliged to provide the required text and image files and to cooperate in the creation. If protected trademark and/or image rights are used in the creation of the company profile, the customer grants permission for use upon conclusion of the contract and further assures that he is actually entitled to grant the permission.
4.3 Videos and photos created by SIH, for the Employer Branding Profile, shall always remain the property of SIH, a transfer to the customer is excluded. SIH grants the customer the right to use these files in accordance with a right of use to be agreed upon in an individual contract. The author of all files produced by SIH is and remains SIH and therefore also the holder of all exploitation and usage rights. SIH uses the produced files internally as an example or sample towards other customers. Consent to internal use shall be deemed to have been given unless there is an express and written objection by the customer.
4.4 SIH is not responsible for the content of the company profile (texts, images, logos, trademarks). An examination for possible infringements and/or impairment of third party rights is not carried out by SIH. SIH is not liable for the completeness, correctness and topicality of the information, image files and documents transmitted by the customer or his employees. Exclusively the customer is responsible for the content, thus for the used texts and image files. The contractual partner undertakes to fully indemnify and hold harmless SIH in case of claims of third parties arising in connection with the publication of the company profile. If the creation of the company profile is carried out by SIH, it will only be published after review and written consent by the customer.
5. Protection of intellectual property
5.1 All information published by SIH (text and image files) are subject to the copyright of SIH. Excluded from this are exclusively those taken over for publication by the contractual partner himself or by a third party working for him.
5.2 The customer’s violation of these provisions entitles SIH to immediately terminate the contractual relationship prematurely and to assert other legal claims, in particular for injunctive relief and/or damages.
5.3 The customer grants SIH the use of company name and logo as customer reference and agrees to the publication, unless the customer objects in writing.
6.1 SIH does not guarantee the correctness and completeness of the data provided by customers and candidates in its services.
6.2 SIH undertakes everything technically possible to provide the services of the www.wecanbeheroes.io platform continuously, however, a 100% availability cannot be guaranteed due to external influences that cannot be influenced.
6.3 SIH is entitled and obligated, regardless of fault, to correct any inaccuracies and defects in its services that become known. SIH will inform the customer immediately.
7. Liability / Compensation
7.1 SIH shall be liable to the contractual partner for damages only in case of gross negligence (intent or gross negligence). This shall apply mutatis mutandis also to damages attributable to third parties engaged by SIH.
7.2 Claims for damages can only be asserted in court within six months after knowledge of damage and damaging party, but at the latest within three years after the event giving rise to the claim.
7.3 The contractual partner has to prove in each case that the damage is due to the fault of SIH.
7.4 Insofar as SIH performs the work with the assistance of third parties and warranty and/or liability claims arise against these third parties in this context, SIH shall assign these claims to the contractual partner. In this case, the contractual partner shall give priority to these third parties.
7.5 SIH assumes no liability for the correctness, completeness or up-to-dateness of the documents or information received from and forwarded to persons. The pre-selection of persons proposed to the client will be made on the basis of the data and information provided by the persons.
7.6 SIH is not liable for the correctness of the content of published advertisements based on the information provided by the Customer. The client assures that the information provided does not violate any legal provisions nor does it establish any rights of third parties.
7.7 Should SIH be held liable by the client due to such contractual or legal violations, the client is obligated to indemnify and hold SIH harmless.
7.8 A pre-selection made by SIH does not replace a detailed examination of the applicants by the client. SIH does not assume any liability for the execution of the work of applicants nor for statements or actions made by applicants. When signing an employment contract with applicants proposed by SIH, the client assumes full responsibility for his selection.
8. Secrecy / Data Protection
8.1 SIH undertakes to maintain absolute secrecy about all business matters coming to its knowledge, in particular business and trade secrets as well as any information it receives about the nature, scope of operation and practical activities of the client.
8.2 The parties undertake not to use or disclose any information obtained within the scope of the order. This also includes unauthorized third parties or employees, unless the disclosure or use of such information is necessary for the fulfillment of the contractual obligations.
In particular, all business, financial or technical information or data of the parties shall be deemed confidential.
8.3 SIH undertakes to treat all information and documents received and made available to it as strictly confidential and to use them only if it serves the purpose of the order. Parallel to this, the client undertakes to treat the information received from the candidates as strictly confidential and to make it accessible only to the closest circle of the employees concerned. The client may not contact candidates or their current and former employers without prior coordination with SI Heroes.
8.4 Furthermore, SIH undertakes to maintain secrecy towards third parties about the entire content of the work as well as all information and circumstances which it has received in connection with the creation of the work, in particular also about the data of clients of the client.
8.5 SIH shall be released from the duty of confidentiality towards any assistants and substitutes it uses. However, SIH shall fully transfer the duty of confidentiality to these persons and shall be liable for their violation of the duty of confidentiality as for its own violation.
8.6 The duty of confidentiality shall extend indefinitely beyond the end of this contractual relationship. Exceptions exist in case of legally provided obligations to testify.
8.7 SIH is entitled to process personal data entrusted to it within the scope of the purpose of the contractual relationship. The customer warrants to SIH that all necessary measures have been taken for this purpose, in particular those in the sense of the Data Protection Act, such as declarations of consent of the persons concerned.
9. Electronic invoicing
9.1 SIH is entitled to send invoices to the Principal also in electronic form. The Principal expressly agrees to the sending of invoices in electronic form by SIH.
10. final provisions
10.1 The contracting parties confirm that they have made all statements in the contract conscientiously and truthfully and undertake to notify each other immediately of any changes.
10.2 Amendments to the contract and these GTC must be made in writing, as must any waiver of this formal requirement. Verbal collateral agreements do not exist.
10.3 This contract shall be governed by Austrian substantive law, excluding the conflict of laws rules of private international law and the UN Convention on Contracts for the International Sale of Goods. The court at the registered office of SIH shall be responsible for disputes.
10.4 In case of disputes arising from this contract which cannot be settled amicably, the contracting parties agree by mutual consent to involve registered mediators (ZivMediatG) specializing in business mediation from the list of the Ministry of Justice for the out-of-court settlement of the conflict. If no agreement can be reached on the selection of business mediators or on the content of the dispute, legal action shall be taken at the earliest one month after the failure of the negotiations.
legal steps will be taken.
10.5 In the event of a mediation which has not been concluded or which has been terminated, Austrian law shall apply in any legal proceedings which may be instituted. All necessary expenses incurred due to a previous mediation, in particular also those for consulted legal advisors, can be claimed as “pre-litigation costs” in court or arbitration proceedings as agreed.