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".
3.1 Registration is required to make use of the services provided on the website.
3.1.2 Registration as a candidate is performed either by the candidate themselves or via an invitation from an institution.
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.
4.1 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.
5.2 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.
6.1 Muvac provides no guarantees as to the availability of the database or 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.
7.1 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.
8.1 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.
8.3 The right to termination without notice on serious grounds remains unaffected.
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. By posting a comment and/or an assessment, the client and/or reviewer transfers the sole and irrevocable right to permanent storage of this comment and to making it publically accessible and/or this assessment to Muvac.
9.2 All other 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.
10.1 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.
10.2 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: January 2019