1. General information
1.1 LeanLancer UG (haftungsbeschränkt) (hereinafter referred to as “LeanLancer”) operates the leanlancer.com platform (hereinafter referred to as “Platform”) and enables clients (hereinafter referred to as “Clients”) to commission LeanLancer to perform specific tasks (hereinafter referred to as “Jobs”).
1.2 The processing of the Jobs is not carried out by LeanLancer, but by service providers registered on the Platform (hereinafter referred to as “Freelancers”). However, LeanLancer remains the exclusive contractual partner in any case. The work result performed (hereinafter referred to as “Result”) shall be uploaded by the Freelancers to the Platform and subsequently released by LeanLancer to the Client for download or transmitted by other means.
1.3 The General Terms and Conditions for Clients (hereinafter referred to as “GTC”) apply to all legal transactions between LeanLancer and Clients.
1.4 These GTC and the terms and conditions defined in LeanLancer’s order confirmation shall prevail. Any deviating terms and conditions on the part of the Client shall not apply.
1.5 The offers of LeanLancer are always non-binding, unless the offer clearly states otherwise. After written or electronic confirmation of the job by LeanLancer or by submission of results, the non-binding offer becomes a binding job / order.
2. Request for quotation
2.1 The Client may request Jobs on the Platform at any time and receive a non-binding offer from LeanLancer.
2.2 The Client is obligated to provide as precise specifications as possible regarding the job to be processed. This includes, for example, information on required results, quality, processing times and available budget.
2.3 The client is solely responsible for the content of the job.
2.4 The client assures that the data transmitted by him for the processing of the job do not violate copyrights, name rights or industrial property rights or other rights of third parties.
2.5 LeanLancer shall be indemnified by the Client against all claims in case of infringement of third party rights.
2.6 Since the loss of data on the Platform cannot be completely excluded, the Client undertakes to make a backup copy of the Offer. Apart from that, LeanLancer shall perform data backups at regular intervals in order to reduce possible data losses to a minimum.
2.7 LeanLancer does not guarantee to find a suitable Freelancer for every requested Job and thus to accept the offer. However, the Client has the option to request the same offer again at a later date.
2.8 No Jobs may be requested whose processing, result or provision violates the rights of third parties or laws. If LeanLancer notices an infringement before order confirmation, this job will not be accepted.
2.9 All arrangements made as well as agreements are always non-binding until LeanLancer has confirmed them in writing.
3. Registration
3.1 In order to merely request a job, the Client does not yet have to register on the Platform, but may do so voluntarily.
3.2 As soon as the Client accepts an offer from LeanLancer, the Client must register on the Platform and create a user profile.
3.3 The Client undertakes to provide all required data completely, correctly and truthfully. The Client is required to keep its data up to date.
3.4 After successful registration, LeanLancer shall provide the Client with a personal user account.
3.5 The user account is personal and non-transferable.
3.6 Each Client may only have one user account per company at LeanLancer.
3.8 If the Client is entitled to deduct VAT, the Client must provide its VAT identification number upon registration or before the first start of the project.
4. Commissioning and processing
4.1 The jobs are not publicly advertised, but are transmitted by LeanLancer to suitable Freelancers.
4.2 LeanLancer will submit suitable job offers to any Freelancer whose skills meet the required quality requirements.
4.3 After successful acceptance of the bid, the Freelancer shall be provided with all information and documents necessary for processing, so that the Freelancer can start the implementation according to the specifications.
4.4 If the requirements regarding content, quality or deadlines change after successful acceptance of the bid, the Client may contact LeanLancer to discuss the further procedure. If change requests lead to additional effort, this will be invoiced additionally in accordance with a supplementary agreement to this effect.
4.5 After successful processing, the Freelancer shall upload the final result to the platform by the agreed deadline at the latest. Subject to complete and timely submission by the Freelancer, LeanLancer shall review the results immediately upon receipt and transmit them (if all requirements are met) to the Client.
4.6 The Client is required to fill out a questionnaire after completion of the job or receipt of the results and to evaluate the work with LeanLancer and the Freelancer.
5. Confidentiality
5.1 The Client is aware that LeanLancer has instructed the Freelancers on the duty of confidentiality within the scope of the GTC.
5.2 If extensive confidentiality is required by the Client, a confidentiality agreement shall be concluded between LeanLancer, the Freelancer and the Client prior to the processing of the Job.
6. Rights to results
6.1 LeanLancer grants the Client a spatially and temporally unrestricted, exclusive, sublicensable and transferable right to use, process and distribute the result, provided that LeanLancer holds rights (in particular name, copyright or property rights).
7. Payment and commission
7.1 Payment by the Client shall be made with each completed milestone (task package).
7.2 The individual task packages or milestones are defined on a project-specific basis.
7.3 LeanLancer calculates the Freelancer’s net fee on the basis of the time required and the required skill level. A commission of 30% will be charged on this fee, which will be paid by the Client.
7.4 Payment is only possible via bank transfer to the business account of LeanLancer.
7.5 The Client is obliged to transfer the agreed amount to LeanLancer’s account immediately after successful acceptance (see item 7.4).
7.6 Any fees or costs incurred for foreign transfers (outside Germany) shall be borne by the Client.
8. Acceptance and claims for defects
8.1 After successful processing of the job, the Freelancer uploads the final result to the platform by the agreed deadline at the latest. The result will be checked by LeanLancer with regard to the agreed requirements and will be transmitted to the Client after a successful quality check.
8.2 The Client must inspect the results immediately upon receipt and immediately notify LeanLancer in writing of any possible defects, deviations or incorrect deliveries. Likewise, hidden defects must be reported to LeanLancer in writing immediately after discovery.
8.3 The result shall be deemed accepted one week after transmission to the Employer if the Employer does not notify LeanLancer in writing of any defects, deviations or wrong deliveries within this period.
8.4 If the result is used by the Employer, it shall be considered as accepted.
8.5 If no mandatory statutory provisions are specified, the warranty period shall be one year after the results have been transmitted to the Client.
8.6 The Client’s claims in the event of a justified and timely complaint shall be limited for the time being to the rectification of errors or the transmission of a defect-free result by LeanLancer.
9. Liability
9.1 LeanLancer shall only be liable for claims for damages in the event of its own fault. Damages caused by LeanLancer due to slight negligence are excluded from claims for damages.
9.2 The scope of damages in the event of a breach of material contractual obligations shall be limited to the scope that would typically have been expected prior to the occurrence.
9.3 This shall not affect claims for damages under the German Product Liability Act (Produkthaftungsgesetz) that arise due to intentional or grossly negligent misconduct on the part of LeanLancer.
9.4 LeanLancer is not liable for the permanent availability or functionality of the platform and offered services.
9.5 If the Jobs, the processing or the results violate laws or rights of third parties, LeanLancer assumes no liability. The Freelancer agrees, in the event of claims by third parties, to fully exonerate or indemnify LeanLancer.
9.6 LeanLancer shall not be liable if the result does not fulfill the Client’s purpose.
10. Termination
10.1 The contractual relationship may be terminated at any time.
10.2 Jobs already accepted but not yet completed are unaffected by the termination.
10.3 LeanLancer shall delete the User Profile including all information and access data upon termination of the Agreement.
11. Data protection
11.1 The Client agrees to the processing and transmission of personal data in the course of the performance of the Job to the Freelancer.
11.2 Detailed information on the privacy policy can be found on the LeanLancer platform.
12. Final provision and severability clause
12.1 Amendments or supplements to the contract shall be valid only if made in writing (text form §126b BGB or electronic form §126a BGB).
12.2 The business relationship between LeanLancer and the Client as well as all agreements made shall be governed solely by German substantive law. The provisions of international private law as well as provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) are excluded.
12.3 In the event of disputes arising from the business relationship or agreements made between LeanLancer and the Principal, the place of jurisdiction and performance shall be Berlin. In addition, LeanLancer has the option to take legal action against the Principal at the Principal’s place of business.
12.4 Should individual contractual provisions be legally invalid or unenforceable, this shall not affect the remaining provisions. Contractual loopholes as well as invalid or unenforceable contractual provisions shall be replaced by fair similar provisions.
