The fine print

Terms of Service

General Terms and Conditions Governing the Use of the Web Content of Muv.ac GmbH (henceforth "terms of use")

1. Services of Muvac

1.1 The company Muv.ac GmbH (henceforth "Muvac") runs an online job board for musical institutions (such as orchestras, ensembles, schools, foundations, musical societies, etc.; henceforth "institutions") and musicians at the websites www.muv.ac and www.muvac.com (henceforth "website").

1.2 Through the website, institutions (henceforth "clients") can publicise job vacancies in their institutions or similar offers (e.g. academy positions) or apply for such vacancies or similar offers (henceforth "candidates"). The creation and sending of applications is made easy for the candidates by the website through the use of the input screens provided. Clients obtain the opportunity to publicise job vacancies, to assess and process applications received and to organise auditions. Any contracts initiated through the website – especially employment relationships – come into force exclusively between the client and the candidate. Muvac is not party to these contracts.

1.3 Muvac also offers clients the opportunity to forward the applications received on to selected judges, thus enabling an evaluation by these judges (henceforth "reviewers").

1.4 Henceforth, clients, candidates and reviewers are jointly referred to as "users".

2. Scope of validity

2.1 The website is used exclusively based on these terms of use.

2.2 Deviations from these terms of use are only effective if Muvac confirms them explicitly in writing.

2.3 Notes on the validity of statutory regulations are for the purposes of clarification only. Even without such a clarification, the statutory regulations therefore apply unless they are directly modified or explicitly excluded in these general terms of use.

3. Admission to and registration for the website

3.1 Registration is required to make use of the services provided on the website.

3.1.1 Registering as an institution occurs by entering the required information into the login screen and confirming the privacy policy on the page "log in as an institution". Following consultation with the institution via email or phone, an employee from Muvac will grant access, and an email will be sent to the institution with a prompt to confirm the email address and continue the registration process. In this process, additional data – e.g. "institution type", "contact person", "contact details", etc. – will be asked for. With this confirmation, the registration is completed.

3.1.2 Registration as a candidate is performed either by the candidate themselves or via an invitation from an institution.

Registration by the candidate is performed by the candidate entering the required information and confirming the terms of use and the privacy policy via the link "log in as a candidate". Immediately following this confirmation, the candidate receives an email confirming the conclusion of the contract and summarising its details ("contract confirmation"). After receiving the contract confirmation, the candidate can enter and confirm the information required for implementing the contract in the area assigned to the candidate. With this confirmation, the registration is completed.

Registration based on an invitation from an institution is performed by an institution inviting a candidate to register via email via the "add applicant" function. Once the candidate follows the link contained in this email and chooses a password and confirms the terms of use and privacy policy on the page, the candidate can enter and confirm the information required for implementing the contract in the area assigned to the candidate. With this confirmation, the registration is completed.

3.1.3 Registration as an reviewer is performed by an institution inviting an reviewer to register via email via the "add reviewer" function. Once the reviewer follows the link contained in this email and chooses a password and confirms the terms of use and privacy policy on the page, the reviewer can enter and confirm the information required for implementing the contract in the area assigned to the reviewer. With this confirmation, the registration is completed.

3.2 If a candidate is not fully legally competent to perform the registration, the registration must be performed by a bearer of parental responsibility for the child or with their consent.

3.3 Registration and access is provided by Muvac on an individual basis. In the event of registration, only the specifically registered person is entitled to use. The registered person is obligated to keep usernames and passwords secret and to protect them from unauthorised access from third parties. If misuse by third parties is suspected, the user will notify Muvac of this without delay. If Muvac obtains knowledge of unauthorised use, Muvac is entitled to block access.

3.4 Registration and access to the website is determined solely by Muvac. There is no right to access.

4. Prices and terms of payment

4.1 Use of the website is free of charge for candidates.

4.2 Registration on the website is also free of charge for clients. Payment is only made if services offered by Muvac are used or in the event of some agreement.

4.3 In the event of a vacancy or a similar offer being publicised by the client, the client must accept the terms of pricing separately. The services rendered by Muvac will be invoiced in accordance with the accepted terms once the services are completed. The final amount shown in the invoice is due for payment within 14 days of receipt of the invoice.

5. Conditions for the user

5.1 The user is obligated not to post any job vacancies, applications or other information which conflicts with any of these terms of use or the law that applies. Furthermore, the user is obligated to post job vacancies, application documents and other information in full and truthfully; in particular, to describe the content and/or the properties of the services offered by the user.

5.2 The user is not entitled to use the communication paths and means provided to the user by Muvac in an illegal manner; e.g. by sending spam emails.

6. Warranty

6.1 Muvac provides no guarantees for the accuracy and completeness of the offers posted by users.

6.2 Since Muvac is not a contractual partner in the contracts concluded between the users, users are not entitled to any claims against Muvac due to any obligation violations of a user in such cases. This also applies if a user has concluded a contract with an online partner company of Muvac through the website.

6.3 The aforementioned disclaimers do not represent a limitation of the liability of Muvac. If the service disruptions presented above are due to the culpable misconduct of Muvac, Muvac will be liable in line with section 7 below.

7. Liability

7.1 Muvac will be liable for compensation due to violations of contractual or extra-contractual obligations only where the violation is intentional or due to gross negligence, as well as in cases where essential contractual obligations are violated. Compensation for the violation of essential contractual obligations is limited to foreseeable damage typical for the contract, however – unless there is intent or gross negligence. Essential contractual obligations refer to duties the fulfilment of which is essential for the proper performance of the contract and on the fulfilment of which the contractual partner regularly relies and may rely.

7.2 The aforementioned liability limitations do not apply to claims based on harm to life and limb or health. Compulsory statutory liability regulations – such as liability under the German Product Liability Act or governing the assumption of a guarantee – remain unaffected.

7.3 If our liability is excluded or limited, this also applies to the personal liability of the employees, staff, colleagues, representatives and agents of Muvac.

8. Term of the contract, blocking and termination

8.1 If Muvac and a client conclude a contract on the premium use of the website, the term is for one year. The term shall be extended for another year every year unless one party terminates the contract with a notice period of one month to the end of the calendar year.

8.2 If the user violates these terms of use and/or applicable law, Muvac is entitled to block the use of the website by the user temporarily or permanently. In particular, Muvac is entitled to block usage if the user does not fulfil their obligations in the contracts concluded with other users.

8.3 The right to termination without notice on serious grounds remains unaffected.

9. Usage rights to the comments/assessments

9.1 Clients and the reviewers selected by the clients are entitled following registration to post comments about and/or assessments of the candidates on the website. These comments and/or assessments are solely visible to the respective client who has posted the job vacancy and the reviewer selected by the client. The comments are automatically deleted by Muvac after the last event in the application process (e.g. audition, interview, entrance examination).

9.2 The rights to the comments and/or assessments remain with the client and/or the reviewer. Muvac therefore bears no liability in particular for the content of a published comment and/or assessment. However, Muvac reserves the right, subject to a comprehensive examination, to remove a comment and/or an assessment immediately and to block the offending user if Muvac learns of a possible legal violation.

9.3 Muvac is liable for third-party comments and/or assessments upon learning of a legal violation at the earliest, or if Muvac takes ownership of the third-party comment and/or assessment.

10. Stripe

10.1 Payment processing services for "users" on "www.muvac.com" are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a "users" on "www.muvac.com", you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of "www.muvac.com" enabling payment processing services through Stripe, you agree to provide "www.muvac.com" accurate and complete information about you and your business, and you authorize "www.muvac.com" to share it and transaction information related to your use of the payment processing services provided by Stripe.

11. Applicable law and court of jurisdiction

11.1 The law of the Federal Republic of Germany excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) applies to these general terms and conditions and all legal relationships between Muvac and the user. If the user is a consumer within the meaning of § 13 of the German Civil Code [BGB] and their usual abode is in a different country at the time of registration, the application of mandatory legal regulations of this country remains unaffected by the choice of law made in line 1.

11.2 If the user is a merchant within the meaning of the German Commercial Code [HGB], a legal entity under public law or a special fund under public law, the exclusive court of jurisdiction for all disputes arising directly or indirectly from this contractual relationship is where our company headquarters are based in Berlin. The same applies if the buyer is an entrepreneur within the meaning of § 14 of the German Civil Code [BGB]. We are entitled in all cases, however, to lodge claims in the general court of jurisdiction of the user. Overriding statutory regulations, especially regarding exclusive competence, remain unaffected.

Version: October 2019