General Terms and Conditions
These General Terms and Conditions govern the details of the booking and implementation of the study programs and certificate courses offered by the Scheer School of Digital Sciences at Saarland University gGmbH, which can be viewed in detail on the homepage of the Scheer School of Digital Sciences at Saarland University gGmbH(https://www.scheer-school.com/unsere-programme/)(hereinafter also referred to as “training and further education offer”). Deviating general terms and conditions are not recognized unless they are expressly approved by the Scheer School of Digital Sciences at Saarland University gGmbH. In particular, deviating general terms and conditions are not recognized even if reference is made to them and the Scheer School of Digital Sciences at Saarland University gGmbH has not expressly objected to them.
- Scope of Application
1.1
These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts between the Scheer School of Digital Sciences at Saarland University gGmbH, Campus A2.1, 66123 Saarbrücken, registered in the commercial register of the Saarbrücken District Court under HRB 110624 (hereinafter referred to as “Scheer School”) and its contractual partners regarding the services offered by the Scheer School.
These GTC apply both to consumers within the meaning of § 13 BGB and to entrepreneurs within the meaning of § 14 BGB.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his self-employed professional activity.
An entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or self-employed professional activity when concluding the contract.
1.2
When booking the different services and formats (available under www.scheer-school.com, among other thingshttps://www.scheer-school.com/),the associated special conditions apply. The services and formats include, in particular, but not exclusively:
- Educational and teaching opportunities,
- Consulting and services,
- the creation, provision and use of content,
- digital platforms and other online services,
- Mediation, matching and cooperation services, in particular the initiation of contacts between participants, students or alumni and companies.
1.3
The services of the Scheer School, in particular those referred to in para. 1.2 can be provided in person, online, hybrid or in any other form. The contractual partner is not entitled to the provision of services in a special form, unless otherwise agreed.
1.4
The specific scope of services results from the service description valid at the time of conclusion of the contract on the website of the Scheer School, from individual offers of the Scheer School, individual service agreements between the Scheer School and the contractual partner or from the supplementary special conditions of the Scheer School for individual of its services.
1.5
For individual types of services that are individually commissioned by the contractual partner, supplementary special conditions of the Scheer School apply. These supplement the General Terms and Conditions and otherwise take precedence over the General Terms and Conditions in the event of a contradiction.
1.6
Deviating general terms and conditions of the contractual partner shall not apply unless their validity is expressly agreed to by Scheer School in text form. In particular, consent is not deemed to have been given if such conditions are not expressly contradicted.
- Contracting Party
Contractual partners can be natural persons, legal entities, partnerships or other legal entities. If services are booked for third parties (e.g. employees or other participants in the name and/or for the account of the contractual partner), the booking contractual partner remains responsible for the fulfilment of the contract.
- Conclusion of Contract
3.1
The presentation of services on the Scheer School website, in offer documents or other information material does not constitute a legally binding offer, but a non-binding invitation to submit an offer. A contract is only concluded by a separate declaration of acceptance by the Scheer School. The acceptance is explained in text form. In the case of registration via the online forms of the Scheer School, the contractual partner will receive an e-mail with a confirmation of receipt. This automated declaration only documents the receipt of the application/offer and does not yet constitute a binding declaration of acceptance by the Scheer School.
3.2
A contract shall also be concluded if the Scheer School begins to provide services to the Contractual Partner or if the Contractual Partner accepts an offer made individually for it by the Scheer School.
- Scope of services and provision of services
4.1
The Scheer School shall provide its services in accordance with the scope of services agreed at the time of conclusion of the contract.
4.2
The Scheer School is entitled to provide services through its own employees or through third parties sufficiently qualified for the agreed service.
4.3
Insofar as the services and formats are programmes structured in terms of time or content (e.g. study programmes, modules, project phases), the Scheer School is entitled to adapt the process, methodology or teaching and working materials used (e.g. due to the absence of teachers, postponement of courses), provided that the agreed overall character and purpose of the service are maintained.
- Obligations of the Contractual Partner to Cooperate
5.1
The Contracting Party is obliged to provide all technical aids required for the proper provision of services (e.g. a computer in accordance with common technical requirements for conducting hybrid teaching), personal information and access (e.g. a stable internet connection) in full by the beginning of the service or format offered at the latest. The Scheer School will immediately inform the contractual partner of missing or insufficient information, content and access and set a reasonable deadline for rectification.
5.2
Delays or additional expenses based on a breach of the contractual partner’s obligations to cooperate shall not be borne by the Scheer School.
- Remuneration and payment terms
6.1
The remuneration is based on the contractually agreed prices.
Payments can be made by bank transfer and via the payment service provider PayPal.
Payment is processed via:
Scheer School of Digital Sciences at Saarland University gGmbH, ODDO Bank:
IBAN: DE50500202000030001937
BIC-Code: BHFBDEFF500
USt.-IdNr.: DE 434537721
Pay Pal: paypal.me/ScheerSchool
Questions about payment processing should be directed to controlling[at]scheer-school.com.
6.2
If services are exempt from VAT in accordance with the relevant statutory provisions, billing will be carried out without showing VAT. Otherwise, all prices are exclusive of the applicable statutory sales tax. The tax treatment depends on the type of offer in question and on the tax law requirements applicable at the time the service is provided.
6.3
The invoice will be sent directly to the Contracting Party in accordance with the applicable legal requirements. Invoices are due for payment without deduction within the payment period stated in the invoice.
6.4
If the Contracting Party is in default with a payment obligation due under the agreement concluded with the Scheer School and the payment arrears amount to at least 10% of the total remuneration, the Scheer School is entitled to refuse its services under the agreement made with the Contracting Party until the arrears have been paid in full. The statutory rights of refusal of performance and retention of the Scheer School and the contractual partner remain unaffected.
- Term and Termination
7.1
The term of the contract results from the respective contractual agreements.
7.2
Unless otherwise agreed, the contract shall automatically end with the full provision of the agreed services.
7.3
The right to extraordinary termination for good cause remains unaffected.
7.4
Any termination must be in text form.
- Right of withdrawal for consumers
If the contractual partner is a consumer within the meaning of § 13 BGB, he is entitled to a statutory right of withdrawal. The details can be found in the following cancellation policy.
Cancellation policy
Right of withdrawal:
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must send us
Scheer School of Digital Sciences at Saarland University gGmbH
Campus A2.1
66123 Saarbrücken
E-mail: info[at]scheer-school.com
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
If you have requested that the services should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
Sample withdrawal form
(If you wish to cancel the contract, please fill out this form and send it back to us).
To
Scheer School of Digital Sciences at Saarland University gGmbH
Campus A2.1
66123 Saarbrücken
E-mail: info[at]scheer-school.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*):
Ordered on (*) / received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only for notification on paper):
Date:
(*) Delete as appropriate
- Copyright and rights of use
9.1
All content, documents, concepts, materials and results provided by the Scheer School in the context of the provision of services are protected by copyright.
9.2
Unless expressly agreed otherwise, the Contracting Party shall receive a simple, non-exclusive, non-transferable right of use exclusively for the purpose provided for in the contract. The right of use includes the right to use, storeand reproduce the content within the contractually agreed framework, but not the processing or disclosure to third parties.
9.3
Distribution, duplication or making available to the public is not permitted without the express consent of the Scheer School.
9.4
Weitergehende Regelungen zu Urheber- und Nutzungsrechten, insbesondere bei Content-Erstellung oder -bearbeitung, ergeben sich aus den jeweils anwendbaren Besonderen Bedingungen.
- Liability
10.1. Unlimited liability
The Scheer School has unlimited liability
- in cases of willful misconduct or gross negligence,
- in the event of injury to life, body, or health,
- in accordance with the provisions of the Product Liability Act,
- to the extent of any warranty provided, if and to the extent that such a warranty has been expressly provided, and
- provided that she fraudulently concealed a defect.
10.2 Liability for Slight Negligence
In the event of a breach of a material contractual obligation (cardinal obligation) due to slight negligence, the Scheer School’s liability is limited to the amount of foreseeable damage typical for this type of contract.
Essential contractual obligations are those whose fulfillment is essential to the proper performance of the contract and on whose compliance the other party may reasonably rely.
10.3 Other Disclaimers
Furthermore, the Scheer School’s liability—regardless of the legal basis—is excluded to the extent permitted by law.
The Scheer School assumes no liability for the achievement of specific economic, strategic, communicative, or other objectives of the contracting party, unless such objectives have been expressly guaranteed by the Scheer School as binding.
11. References, Logo Use, and Communication of Partnerships
11.1
If the contracting party is a company, an institution, or any other organization, Scheer School is entitled to use the contracting party’s name and company logo as a reference and to designate it as a cooperation partner.
11.2
Use is permitted solely in a context directly related to current or past collaboration, particularly on the website, in presentations, in proposal documents, or in other marketing materials of the Scheer School. Solely for the purpose described in this Section 11, the Scheer School is authorized to,
- to use the (brand) name or business name of the contracting party, along with its business address,
- to use the contracting party’s corporate branding and/or company logo/trademark,
- to create a link to the contracting party’s website.
11.3
Project results, case studies, or use cases will be presented only in anonymized form or following separate agreement with the contracting party.
11.4
The contracting party may object to the use described in this Section 11 at any time in writing, with effect for the future.
12. Data Protection and Confidentiality
12.1
Personal data is processed in accordance with applicable data protection regulations. Further information can be found in the Scheer School’s Privacy Policy, available at: https://www.scheer-school.com/datenschutzerklarung/.
12.2
The contracting parties agree to treat all company-related, non-public content, as well as any other information designated as confidential or that is confidential by its nature, as strictly confidential.
In particular, this content may not be used, shared, or published externally without express consent.
This applies in particular to:
- Content from group work, projects, or case studies,
- confidential information, in particular trade and business secrets, from or about third parties—especially Scheer School’s cooperation partners—who are not parties to the contract, to the extent that such information has come to the attention of the contracting party in the course of performing the contract
- internal documents, presentations, or work products of other participants.
The confidentiality obligation does not apply to information that
- which are already well known,
- had already been disclosed to the contracting party by the Scheer School or its representatives on a non-confidential basis,
- the information was made available to the contracting party by third parties on a non-confidential basis, unless the contracting party was aware that such third party had, in turn, breached a confidentiality obligation by disclosing the information.
Furthermore, the confidentiality obligation does not apply to the extent that the acquirer is required by law or by a regulatory authority to disclose such information.
The Contracting Party shall indemnify the Scheer School against all claims by third parties, including reasonable legal costs, arising from a culpable breach of the above confidentiality and protection obligations attributable to the Contracting Party.
Notwithstanding the foregoing, the Scheer School reserves the right to take its own legal action against the natural or legal person responsible in the event of any violations.
13. Force Majeure
Events of force majeure that significantly impede or render impossible the provision of services entitle the Scheer School to suspend the service for the duration of the impediment.
14. Final Provisions
14.1
Should any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
The foreign-language Terms and Conditions provided are for illustrative purposes only and to aid in understanding.
14.2
The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
14.3
The place of jurisdiction is—to the extent permitted by law—Saarbrücken.
14.4
The Scheer School is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Special Terms and Conditions for Educational and Training Programs of the Scheer School of Digital Sciences at Saarland University gGmbH
(hereinafter also referred to as “Scheer School”)
(In addition to the General Terms and Conditions)
- Scope of Application
1.1
These Special Terms and Conditions apply in addition to the Scheer School’s General Terms and Conditions for all consulting, analysis, design, and other services provided by the Scheer School.
1.2
The consulting and other services as defined in these Special Terms and Conditions include, in particular—but are not limited to—strategic consulting, professional brainstorming, project support, analyses, workshops, facilitation, coaching formats, and comparable services.
1.3
These terms and conditions apply to companies regardless of whether the services are provided on a one-time, project-based, or ongoing basis, and therefore also apply to similar future contracts without the need to refer to them again in each case.
- Subject Matter of the Contract and Nature of the Services
2.1
The subject matter of the consulting and other services is the provision of services in accordance with the agreement.
2.2
No specific economic, organizational, strategic, communicative, or other success is guaranteed, unless such success has been expressly agreed upon in writing as binding.
2.3
Recommendations, assessments, or analyses provided by the Scheer School do not replace the contracting party’s independent decisions.
- Scope of Services and Adjustments
3.1
The specific scope of services is set forth in the respective proposal, the service description, or the project agreement.
3.2
Any changes or additions to the scope of services require a separate agreement.
- Obligations of the Contracting Party to Cooperate
4.1
The contracting party is obligated to provide all information, documents, data, and access required for the performance of the services in a timely, complete, and accurate manner.
4.2
The contracting party shall ensure that the contact persons it designates at the start of the contract have the necessary decision-making and participation authority.
4.3
Delays or additional expenses resulting from insufficient or delayed cooperation on the part of the contractual partner shall not be borne by the Scheer School.
- Service Provision by Third Parties
5.1
The Scheer School is entitled to engage sufficiently qualified third parties to perform its services.
5.2
There is no entitlement to have services provided by specific individuals unless this has been expressly agreed upon.
- Compensation and Billing
6.1
The contracting party is obligated to pay the agreed-upon compensation.
6.2
If services are billed on a time-based basis, billing is based on the services actually rendered.
6.3
Additional services not included in the original scope of services will be billed separately.
- Acceptance and Notification of Defects
7.1
To the extent that consulting and other services are, in exceptional cases, of a contractual nature, the statutory acceptance provisions shall apply.
7.2
The contracting party is obligated to report any apparent defects in writing immediately upon becoming aware of them.
- Confidentiality
8.1
The parties agree to treat all confidential information obtained in the course of their collaboration as strictly confidential.
8.2
This obligation shall remain in effect even after the contractual relationship has ended.
- Rights to Use Work Products
9.1
To the extent that work products are created in the course of the consulting and service activities, both contracting parties shall—unless otherwise agreed—receive an unrestricted, non-exclusive, transferable, and sublicensable right to use the work products.
9.2
Any further commercial use, in particular publication or disclosure to third parties, requires prior contractual agreement with the Scheer School.
- Term of the Contract and Termination
10.1
The term of the contract is specified in the respective agreement.
10.2
If the contract term is indefinite, the contract may be terminated—unless otherwise agreed—with four weeks’ notice effective at the end of the month.
10.3
The right to terminate the contract for cause remains unaffected.
10.4
Any termination must be in text form.
Special Terms and Conditions for Content Creation and Rights of Use of the Scheer School of Digital Sciences at Saarland University gGmbH
(hereinafter also referred to as “Scheer School”)
(In addition to the General Terms and Conditions)
- Scope of Application
1.1
These Special Terms and Conditions apply in addition to the Scheer School’s General Terms and Conditions for all services involving the creation, preparation, adaptation, or provision of content (“Content Creation”).
1.2
For the purposes of these Special Terms and Conditions, “content creation” includes, in particular—but is not limited to—texts, concepts, studies, analyses, presentations, graphics, videos, audio formats, learning materials, digital content, and similar work products (“Content”).
1.3
These terms and conditions apply regardless of whether the content is created as part of educational offerings, consulting services, projects, platform services, or as a standalone service.
- Copyright Background
2.1
Depending on the nature of the assignment, the content may be based entirely or partially on existing content provided by the contracting party or third parties (“third-party content”) or may be created from scratch by the Scheer School.
2.2
If content is based on materials provided by the contracting party, all copyrights and rights of use to such third-party content shall remain with the respective rights holder.
However, the adaptations, modifications, or other creative works produced by the Scheer School constitute—to the extent permitted by law—separate copyrighted adaptations or works of the Scheer School, provided that they meet the requirements of an original intellectual creation. The exploitation of these adaptations takes place in agreement with the copyright holder of the original work.
2.3
The Contracting Party warrants to the Scheer School that it is authorized to use, edit, and disclose the third-party content provided. The Contracting Party shall indemnify Scheer School, within the applicable statutes of limitations, against all claims by third parties arising from infringements of intellectual property rights for which the Contracting Party is responsible in connection with the contractual use, processing, and distribution of the third-party content by the Scheer School, and shall reimburse the Scheer School for the costs of reasonable legal defense. The Scheer School shall immediately notify the Contracting Party of any such claims asserted by third parties based on the contractual use, processing, and distribution of third-party content by Scheer School, and shall grant the contracting party all necessary powers of attorney and authority to defend against such claims.
- Editing and Formatting Third-Party Content
3.1
To the extent that the Scheer School edits, structures, adapts for educational purposes, revises, or converts third-party content into other formats, the copyright in the original third-party content remains with the respective rights holder.
Any adaptation or modification created by the Scheer School constitutes—to the extent permitted by law—an independent work protected by copyright or a protected adaptation, provided that it meets the requirements of an original intellectual creation. The use of these adaptations is carried out in agreement with the copyright holder of the original work.
3.2
The Scheer School is entitled to the corresponding copyrights and intellectual property rights in the work it has produced (in particular, structure, didactics, selection, presentation, editorial work, conceptual design, and design elements), unless otherwise expressly agreed.
3.3
The contracting party shall be granted a right to use the work created by the Scheer School exclusively in accordance with Section 5 of these Special Terms and Conditions, unless otherwise agreed upon in individual agreements.
- Content Creation by the Scheer School
4.1
To the extent that the Scheer School creates content on its own, such content is protected by copyright. The copyright holder in the legal sense remains—to the extent permitted by law—the Scheer School or the respective commissioned author.
4.2
The transfer of rights of use shall take place exclusively in accordance with the following provisions, unless otherwise agreed upon in individual agreements.
- Granting and Transfer of Rights of Use
5.1 General Case (No Transfer of Rights)
Unless expressly agreed otherwise, the Scheer School grants the contracting party a simple, non-exclusive, non-transferable right to use the content created or edited, limited to the purpose agreed upon in the contract.
5.2 Extended Rights of Use
Extended rights of use (e.g., use for an unlimited period, transfer to third parties, publication, commercial exploitation) require a separate contractual agreement.
5.3 Transfer of Exclusive Rights of Use
The transfer of exclusive rights of use or a complete transfer of rights to content created by the Scheer School shall only take place:
- based on an express written agreement and
- …only after full payment of the agreed-upon fee has been made.
5.4
If a transfer of rights is agreed upon, it applies exclusively to the specifically agreed-upon content and purpose. A transfer of rights to concepts, methods, templates, didactic structures, or generic components is not included, unless otherwise expressly agreed.
- Use for Personal and Reference Purposes
6.1
If the Contractual Partner has been granted an exclusive right of use, Scheer School reserves the right, subject to a separate agreement, to use anonymized or abstracted content, structures, or insights derived from the content for its own internal teaching, documentation, and quality assurance purposes, provided that such use does not conflict with the contracting party’s contractual purposes of use and does not allow for any identification of specific works or the contracting party’s personal data.
6.2
Any use of specifically created or edited content, work products, or project-specific content for marketing or reference purposes—whether by naming the contracting party or by using non-anonymized content—may only take place on the basis of a written individual agreement with the contracting party.
The general mention of the contracting party as a reference, as well as the use of the company name and logo, are governed by the provisions of the General Terms and Conditions.
Special Terms and Conditions for Digital Platforms and Other Online Services of the Scheer School of Digital Sciences at Saarland University gGmbH
(hereinafter also referred to as “Scheer School”)
(In addition to the General Terms and Conditions)
- Scope of Application
1.1
These Special Terms and Conditions apply in addition to the Scheer School’s General Terms and Conditions for all digital platforms, online services, and other Internet-based services provided by the Scheer School.
1.2
The digital platforms and other online services offered by Scheer School include, in particular—but are not limited to— – learning platforms, online course environments, content libraries, communication and collaboration tools, digital exam or submission systems, and similar digital offerings (hereinafter collectively referred to as the “Platform”).
1.3
These terms and conditions apply regardless of whether the platform is used as a standalone service or in connection with educational, consulting, or content services.
- Access and Authorization
2.1
Use of the platform requires the valid conclusion of a contract and—if necessary—the creation of a user account.
2.2
Login credentials are personal and may not be disclosed to third parties unless expressly permitted.
2.3
The contracting party is responsible for ensuring that individuals acting through its user account are authorized to do so and comply with these terms and conditions.
2.4
The Scheer School is entitled to restrict access to the platform in terms of time, content, or functionality to the scope agreed upon in the contract.
- Scope and Purpose of Use
3.1
The platform may be used exclusively for the contractually agreed purpose, in particular for learning, informational, or project-related purposes.
3.2
Use of the platform or the content provided there for any other purpose—in particular, for disclosure to third parties, for making the content publicly available, or for commercial exploitation—is prohibited unless expressly agreed otherwise.
3.3
Automated access, scraping, systematic reproduction, or similar uses are prohibited.
- Availability and Maintenance
4.1
The Scheer School provides the platform to the extent permitted by technical and organizational capabilities.
4.2
There is no guarantee that the platform will be available at all times, without interruption, or free of errors.
4.3
The Scheer School is entitled to temporarily restrict access to the platform, in whole or in part, for technical reasons, particularly for maintenance, security, or optimization purposes.
4.4
Whenever possible, maintenance work will be announced well in advance. This applies in particular to scheduled maintenance.
- Technical Requirements
5.1
Use of the platform requires appropriate hardware and software, a stable Internet connection, and up-to-date browser and security settings.
5.2
The contracting party is solely responsible for ensuring that the technical requirements for using the platform are met.
- Content and Liability
6.1
To the extent that participants or contractual partners post their own content on the platform, they are solely responsible for its legality, particularly with regard to copyright, data protection, and privacy rights.
6.2
The Scheer School is not obligated to proactively review content posted by users.
6.3
The Scheer School reserves the right to block or remove content if there are concrete indications of legal violations or breaches of these Terms and Conditions.
- Suspension and Termination of Access
7.1
The Scheer School is entitled to temporarily or permanently block the Contractual Partner’s access to the platform if:
- if, despite having received a warning, the user violates these Special Terms and Conditions, and the nature, severity, and duration of the violation justify a temporary or permanent suspension,
- if login credentials are misused,
- if required by law or regulatory authorities.
7.2
Upon termination of the contractual relationship, the right to use the platform generally ends as well, unless otherwise expressly agreed.
- Data Backup and Data Availability
8.1
The Scheer School does not guarantee the permanent storage or archiving of content, work results, or user data on the platform.
8.2
The contracting party is solely responsible for backing up relevant content or work results in a timely manner, if such content or results are required.
- Further Development of the Platform
9.1
The Scheer School is entitled to further develop the platform and to modify, expand, or discontinue features, provided that this does not materially impair the contractually agreed-upon purpose of the platform’s use.
9.2
There is no entitlement to the continued availability of certain functions or user interfaces.
Special Terms and Conditions for Referral, Matching, and Collaboration Services of the Scheer School of Digital Sciences at Saarland University gGmbH
(hereinafter also referred to as “Scheer School”)
(In addition to the General Terms and Conditions)
- Scope of Application
1.1
These Special Terms and Conditions apply in addition to the Scheer School’s General Terms and Conditions for placement, matching, and cooperation services, in particular the facilitation of contacts between participants, students, or alumni of the Scheer School (hereinafter “Profiles”) and companies or other organizations that have commissioned the Scheer School to provide such services through a separate agreement (hereinafter “Companies”).
1.2
These terms and conditions apply regardless of whether the placement or matching service is provided as a standalone service, as part of an educational program, or within the framework of a partnership.
1.3
To the extent that different or supplementary agreements are made in individual cases (e.g., commission agreements, exclusivity, terms), such agreements shall take precedence over these Special Terms and Conditions.
- Scope of Services and Nature of Services
2.1
The purpose of the placement, matching, and cooperation services is to assist in establishing contact and to provide appropriate information and communication channels between profiles and companies.
2.2
The Scheer School is not responsible for the conclusion of any employment, service, freelance, internship, project, or other contract between Profilen and companies, nor is it responsible for the achievement of any specific economic success.
2.3
The Scheer School does not become a party to contracts concluded between profiles and companies, and does not assume the role of an employer or client.
- Process and Communication Channels
3.1
The Scheer School may match profiles and companies at its sole discretion, particularly based on interests, qualifications, availability, areas of expertise, or other suitability criteria.
3.2
There is no entitlement to inclusion in matching processes, to a specific number of contacts, to specific profiles, or to a specific placement, unless expressly agreed otherwise.
3.3
The Scheer School can also facilitate contact between candidates and companies via digital platforms or communication channels. The Special Terms and Conditions for Digital Platforms and Online Services apply in addition.
- Corporate Responsibilities
4.1
The companies undertake to provide the Scheer School with truthful and complete information regarding their own company and any job profiles in the course of contract execution, and to immediately notify the Scheer School of any changes relevant to the placement service (e.g., loss of availability due to job termination or the position being filled by another candidate, changes to the job profile requirements) without delay.
4.2
Companies are solely responsible for negotiating with the profiles, as well as for the legal structuring and substantive review of contracts, compensation, working conditions, project scope, and compliance with the profiles.
4.3
The Scheer School assumes no responsibility for verifying compliance with requirements under labor law, social security law, tax law, or immigration law.
- Compensation and Commission Structures
5.1
The Scheer School’s placement, matching, and collaboration services are generally subject to a fee, unless they are expressly designated as free of charge.
The specific form of compensation (e.g., a fixed fee, performance-based compensation, commission, or a combination thereof) is specified in the relevant offer, contract, or separate agreement.
5.2
Compensation may be tied to specific events (e.g., signing of a contract, start of a project, commencement of employment) or may take the form of a lump-sum payment or be based on the term of the agreement.
5.3
Details regarding the trigger, amount, due date, basis for calculation, documentation requirements, settlement procedures, and any grace periods will be determined on a case-by-case basis.
5.4
Unless otherwise agreed, the placement is considered successfully completed when an employment relationship is established between the company and the candidate. The company must notify the Scheer School of this immediately in writing and inform the Scheer School of the contractual terms of the employment relationship that has been established.
5.5
Unless expressly provided for in a contract, companies have no right to use the Scheer School’s matching, referral, or cooperation structures beyond what is specified therein.
- Confidentiality and Protection of Those Involved
6.1
The companies agree to treat any non-public information received during the matching process as confidential and to use it solely for the purpose of initiating and executing a potential contractual relationship.
6.2
The publication or disclosure of profiles, contact information, or other information to unrelated third parties is prohibited without the prior consent of the respective rights holder or data owner.
- Privacy, Consent, and Data Sharing
7.1
The Scheer School processes personal data in connection with placement, matching, and collaboration services in accordance with applicable data protection regulations.
7.2
To the extent that consent is required for the disclosure of profile information to companies, such disclosure will take place only after the appropriate consent has been obtained or on another legal basis under data protection law.
7.3
Companies agree to process the personal data contained in the profiles received from the Scheer School exclusively for the purposes of establishing contact and potentially entering into a contract, and to comply with the applicable data protection regulations.
- Liability
8.1
The liability provisions set forth in Section 10 of the Scheer School’s General Terms and Conditions apply.
8.2
In particular, the Scheer School is not liable for the accuracy of information provided by companies or profiles themselves. The company is obligated to independently verify the information provided in the profiles and assess their suitability. Furthermore, Scheer School is not liable for the formation, content, or execution of contracts between companies and profiles. Upon entering into an employment relationship, the company bears sole responsibility for its selection decision.
- Term and Termination
9.1
Unless otherwise agreed, the contract for placement, matching, and cooperation services shall remain in effect for an indefinite period. It may be terminated at any time with 30 days’ written notice. In the event of termination by the company, the placement fee remains due—unless otherwise agreed—if the proposed profile is hired by the company within 24 months of the contract’s termination. The company’s obligation to notify the other party of the conclusion of such contracts shall continue for up to 24 months after the termination of the contract.
