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”). In doing so, LeanLancer always has the contractual relationship with the End Clients and the Freelancer only has an internal contractual relationship with LeanLancer. The billing towards the customer is done by LeanLancer.
1.2 The processing of the Jobs is not performed by LeanLancer, but by service providers registered on the Platform (hereinafter referred to as “Freelancers”). The work result performed (hereinafter referred to as “Result”) is 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 Freelancers (hereinafter referred to as “GTC”) apply to all legal transactions between LeanLancer and Freelancers.
1.4 The application of deviating GTC are not valid unless LeanLancer expressly agrees to them in writing. The GTC of LeanLancer shall also apply if LeanLancer delivers without reservation in knowledge of deviating terms and conditions of the Freelancer.
2. Registration on the platform
2.1 In order to be included in the employee pool and thus be able to process jobs, the Freelancer must register on the platform and create a user profile.
2.2 In the course of registration, the Freelancer must upload a CV, which will subsequently be checked by LeanLancer for correctness. The Freelancer is obliged to provide all data truthfully. In case of false information, the Freelancer is fully liable.
2.3 If the Freelancer is to be considered an entrepreneur for tax purposes, the Freelancer must enter his or her VAT identification number in his or her profile before the first start of the project. The Freelancer must notify LeanLancer immediately of any change in its tax treatment.
2.4 The Freelancer undertakes to provide all required data completely, correctly and truthfully. Since the data must be kept up to date, the Freelancer is required to update his data regularly.
2.5 After successful registration, LeanLancer will provide the Freelancer with a personal user account.
2.6 The user account is personal and non-transferable.
2.7 Each Freelancer may have only one user account with LeanLancer.
3. Order and processing
3.1 The jobs are not publicly advertised, but are transmitted by LeanLancer to suitable Freelancers.
3.2 LeanLancer will submit suitable job offers to any Freelancer whose skills meet the required quality requirements. The contract is awarded to the freelancer who confirms the job first.
3.3 After successful acceptance of the bid, the Freelancer will be provided with all information and documents necessary for processing, so that the Freelancer can begin with the implementation according to the specifications.
3.4 After successful processing, the Freelancer uploads the final result to the platform by the agreed deadline at the latest.
3.5 If the Freelancer discovers during the performance of the Job that it cannot perform the Job at all or cannot perform it on time, the Freelancer is obliged to immediately contact the responsible project manager of LeanLancer. Subsequently, LeanLancer will contact the Client to resolve any ambiguities and agree on a possible extension of the deadline. If the Freelancer does not comply with this obligation and does not finish the job at all or finishes it late, the Freelancer is obligated to pay LeanLancer a contractual penalty of five percent per delayed tag, but not more than 20% of the agreed net compensation. LeanLancer reserves the right to assert possible further claims for damages. Detailed agreement will be clarified on a project-specific basis.
3.6 The Freelancer may not violate any laws or the rights of third parties when processing the Jobs. This also applies accordingly to the work results and their provision. If a Freelancer violates these laws or the rights of third parties and a breach of contract occurs, point 3.5 applies again.
3.7 Since the loss of data on the Platform cannot be completely excluded, the Freelancer undertakes to make a backup copy of the Results. Apart from that, LeanLancer performs data backups at regular intervals in order to reduce possible data loss to a minimum.
3.8 If LeanLancer provides templates for specific tasks, the Freelancer is obligated to use them for the execution of the project. The Freelancer is strictly prohibited from using, distributing or otherwise copying the templates for private purposes.
3.9 The Freelancer is free in the processing of the mediated jobs in terms of time and place. He also has the right to work for any other company.
4. Confidentiality
4.1 The Freelancer undertakes to keep secret all information received for the execution of the project (hereinafter referred to as “Information”). In particular, the data received from the Client as well as project specifications shall be kept secret.
4.2 This information may not be used or reproduced without the written consent of LeanLancer. Upon LeanLancer’s request, the Freelancer must immediately transfer all information including records and copies to LeanLancer or destroy them.
5. Rights to results
5.1 The Freelancer grants LeanLancer a spatially and temporally unrestricted, exclusive, sublicensable and transferable right to use as well as process the result, insofar as the Freelancer holds rights (in particular name, copyright or property rights).
5.2 LeanLancer is obligated to transfer the result to the Client and to grant him all rights.
5.3 The right includes in particular to edit, distribute, reproduce, present and store the result as desired.
5.4 LeanLancer shall be free to use the results either against payment or free of charge.
5.5 In case of publication or use of the results, the Freelancer waives to be named as the author.
5.6 If the Freelancer is entitled to recall rights (especially according to § 41 UrhG), the Freelancer waives its exercise for a period of five years after the occurrence of the right. A simple right of use remains with LeanLancer even in the event of a recall. The exclusion of the right of recall for other reasons remains unaffected.
5.7 The Freelancer assures that he can transfer all previously mentioned rights to LeanLancer.
5.8 Furthermore, the Freelancer assures that the result or its transmission does not violate any name rights, copyrights, property rights or rights of third parties.
5.9 If claims for damages are asserted against LeanLancer on the basis of the aforementioned points, the Freelancer shall indemnify LeanLancer against all claims.
6. Payment
6.1 After the Freelancer has submitted the work results, LeanLancer will perform a quality check. After successful acceptance, the Freelancer will be paid the agreed net fee within two weeks. LeanLancer will additionally pay the sales tax if the Freelancer is to be regarded as an entrepreneur under tax law.
6.2 LeanLancer calculates the Freelancer’s net fee on the basis of the time required and the required skill level. A commission of 30% is calculated on this fee, which is paid by the Client.
6.3 Any fees or costs incurred for foreign transfers (outside Germany) shall be borne by the Freelancer.
6.4 LeanLancer reserves the right to withhold payment in the event of any dispute.
6.5 The Freelancer shall be responsible for complying with the social security and tax regulations applicable to him.
6.6 Payments to the Freelancer may be withheld as long as the End Customer asserts warranty or other performance-related rights of retention.
7. Liability
7.1 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.
7.2 The scope of damage 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.
7.3 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.
7.4 LeanLancer is not liable for the permanent availability or functionality of the platform and offered services.
8. Insurance for freelancers
8.1 LeanLancer has taken out a professional liability insurance policy “Net IT by Hiscox” with Hiscox SA, whereby the Freelancer benefits during the processing of the Jobs under the conditions described in the policy. Details and information on the insurance and special conditions as well as the GTC of the Hiscox insurance can be found
here.
8.2 The insurance coverage takes effect after successful acceptance of the respective job.
8.3 In the event of disputes arising in connection with the concluded insurance, the Freelancer shall bear the deductible specified in the provisions. This circumstance is known to the Freelancer and is accepted.
8.4 If the insurance coverage does not apply whatever reason, LeanLancer is not responsible for this.
8.5 In addition, the Freelancer has the option of taking out personal / private insurance elsewhere in order to adjust the scope of the insurance cover according to his/her wishes.
9. Termination
9.1 The notice period is one month and the termination must be in writing. The contract may be terminated by either party at the end of the month.
9.2 Termination without notice (extraordinary) for good cause shall remain unaffected.
9.3 Jobs already accepted but not yet completed are unaffected by the termination.
9.4 LeanLancer shall delete the User Profile including all information and access data after termination of the Agreement.
10. Customer protection agreement
10.1 The Freelancer undertakes not to enter into direct business contact with the Client’s customers and not to work for them either directly or via third parties. Furthermore, the Freelancer undertakes not to enter into any business contact with the Client’s customer if the Client or a third party commissioned by the Client establishes the contact.
10.2 The Freelancer is obligated not to use for himself or for third parties any documents and information which he has received from the Client or from the Client himself in connection with the execution of the contract, as well as the knowledge and information about the Client obtained therefrom.
10.3 For each case of infringement on the part of the Freelancer, a contractual penalty in the amount of twice the order volume shall be paid to the Client.
10.4 This agreement is binding for the Freelancer for 24 months after legally effective termination. Any change and/or extension of this agreement must in any case be made in writing.
11. data protection
11.1 The Freelancer agrees to the processing and transmission of personal data in the course of the performance of the Job to the Client.
11.2 Detailed information on the privacy policy can be viewed 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 Freelancer 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 Freelancer, the place of jurisdiction and performance shall be Berlin. In addition, LeanLancer has the option to take legal action against the Freelancer at the Freelancer’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.
