§ 1 (Preamble)
The Eckhold GbR, Eppendorfer Landstrasse 74, 20249 Hamburg, Germany (hereinafter "Queference") operates an online platform (hereinafter "platform") under the name "Queference", through which interested parties (hereinafter „client“) per app or per browser obtain references (hereinafter "assessment") about candidates (hereinafter "candidate") from former employers and supervisors (hereinafter "reference").
The terms of this agreement provide the framework for the contractual relationship between Queference and you, the client, and are the subject of this contract.
§ 2 (Reference acquisition using Queference)Queference contacts and obtains assessments about candidates on behalf of the client, predesignated by the candidates themselves. Queference works with standardized and specialized questionnaires that are sent to the references.
§ 3 (Procedures for reference acquisition)
3.1 Queference digitally provides various questionnaire templates to the client. The client can then select a questionnaire template and modify it by adding and/or deleting individual questions. This modified questionnaire template can be saved as a permanent template on the client’s platform. The client can only store one modified questionnaire template per open position.
3.2 The client enters the contact details of candidates into the platform.
3.3 On behalf of the client, Queference contacts the candidate using the e-mail address provided by the client and requests the input into the platform of a minimum of three references including their contact information.
3.4 As soon as the candidate has entered a minimum of three references including contact information into the platform, Queference contacts the listed references and requests via online platform, answers to various questions regarding their previous employee’s performance and productivity (hereinafter „reference feedback“).
3.5 Queference evaluates the feedback from all references upon their completion of the questionnaire and, based on this information, creates an anonymous evaluation for the client (the „evaluation“). The evaluation consists of a compilation of all reference feedbacks without listing which reference gave which feedback. If a reference failed to answer any questions, only those questions that were completed are included in the evaluation.
3.6 The client can request an accelerated evaluation when at least two valid feedbacks from references have been received.
3.7 Using the platform, the client has the possibility to send a reminder mail to candidates and/or references.
§ 4 (Queference acting as an agent of the client)Queference is acting as an agent of the client for the services referred to in §3 and collects feedback on behalf of the client. The client commissions Queference. Queference is entitled to demonstrate to references and candidates at any time that it is acting as an agent of the client.
§ 5 (Reliance on accuracy information)Queference relies on the accuracy of the information received from references for preparation of the evaluation. Therefore, no verification for accuracy of details provided by candidate or reference can be conducted as well as no review of adequacy, usefulness and acceptance of information related to client e-mails or selected questions. The client holds Queference harmless of any third-party claims resulting from the use of the questions selected and/or created by the client.
§ 6 (Client Obligations)When necessary, the client will also contact references and candidates directly to confirm commission and authorization of Queference.
§ 7 (Compensation)
7.1 The pricing model of Queference services is in the form of credit points as stated on the web application.
7.2 The credit points can be purchased through the Queference web application and are then stored in the client’s user account.
7.3 Credit points are deducted from the client’s user account for each new candidate that the client enters into the Queference platform. The credit points are deducted in the order in which they were purchased.
7.4 The price for a credit point is determined by the price quoted on the Queference website/web application plus all applicable taxes.
7.5 Payment of credit points is per invoice after they have been credited to the account. Full amount is due within 10 days after receipt of invoice, insofar as there is no agreement otherwise.
7.6 Returning credit points for payment is not possible.
7.7 Credit points will not be re-credited to client account, even if an evaluations cannot be completed due to insufficient number of references provided by candidate or if an sufficient number of reference feedbacks have been received.
7.8 Credit points expire four years after purchase.
§ 8 (Quereference Liability)
8.1 Temporary interruption of services due to disruptions outside Queference’s control, due to unforeseeable technical disruptions or due to a force majeure create no liability for Queference.
8.2 Queference is not liable for proper functioning of the internet or for infrastructure outside the responsibility of Queference.
§ 9 (Final Provisions)
9.1 As far as a condition of these general terms and conditions should be invalid in whole or in part, the validity of the contract and other provisions shall not be affected.
9.2 Deviating conditions from client are hereby rejected. They apply only insofar as they have been expressly agreed upon in writing.
9.3 All disputes arising from the contractual relationship between the client and Queference are subject to German law. Jurisdiction for all contractual disputes is Queference headquarters, if the parties to the contract are qualified merchants, public law entities or separate estates or funds under public law.