Terms and Conditions

1 Scope

(1) These Terms and Conditions apply to all contracts for the use of the online platform 1Interim (1interim.com) between Worldwide Management AVA GmbH, Waldstraße 33a, 61137 Schöneck, Germany (“provider” or “we”) and its customers.

(2) Our offer is only for businesses within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. Consumers within the meaning of Section 13 BGB cannot enter into a contract. When ordering, the customer confirms that they act as a business.

(3) Deviating, conflicting or additional terms of the customer only become part of the contract if we expressly agree to them in text form. This also applies if we perform in the knowledge of such terms.

2 Subject of the contract

(1) 1Interim is an online platform on which companies create projects, that is, the description of a role they are looking for in an interim assignment. We match the project against interim manager profiles and present 4 matching profiles per project and round in the client area. We release the contact details after the final check (paragraph 2).

(2) The customer can request the full profile. If they want to get in touch, we first ask the interim manager about availability, interest and day rate (final check). Only then do we release the contact details.

(3) We owe the provision of the platform and the presentation of profiles under these terms. We do not owe the conclusion of a contract with an interim manager or any particular project outcome. Profile information comes from the interim managers themselves.

(4) The exact scope of services follows from the chosen plan and the price list on 1interim.com at the time the contract is made.

3 Customer account and user accounts

(1) To use the platform, the customer sets up a customer account. The number of user accounts depends on the chosen plan.

(2) The customer provides true and complete information when registering and ordering and keeps it up to date.

(3) Login details must be kept secret and may only be used by the customer’s authorised users. If misuse is suspected, the customer informs us without delay.

4 Conclusion of contract

(1) The presentation of the plans on 1interim.com is not a binding offer but an invitation to submit an offer.

(2) By sending the “Subscribe now” form, the customer makes a binding offer to take out the chosen subscription. The contract is concluded when we confirm or activate the subscription by email.

(3) The free request (three sample profiles) does not create a subscription or any payment obligation.

(4) The language of the contract is German. We store the contract text and send the customer the order details by email. The customer can view and save these terms on 1interim.com at any time.

5 Plans, projects and plan changes

(1) We offer the Basic, Standard, Premium and Enterprise plans. They differ in how many projects the customer can start each month, in profile refreshes and in user accounts.

(2) A project applies to the current month. Unused projects and profile refreshes lapse at the end of the month and are not refunded.

(3) The customer can move to a higher plan at any time and to a lower plan only at the end of the term. When moving up during a month, the customer pays only the difference, prorated by day. On Premium and Enterprise they can book the project add-on instead.

6 Availability and support

(1) We provide the platform over the internet and aim for operation with as few disruptions as possible. Unless agreed otherwise, we do not owe any particular availability.

(2) Temporary restrictions due to maintenance, security updates or disruptions beyond our control (for example on the internet or at service providers) are possible. Where we can plan maintenance, we schedule it at times of low use.

(3) We answer questions by email to hello@1interim.com and by phone at the times stated on the website.

7 Rights of use

(1) For the term of the contract, the customer receives the simple, non-transferable and non-sublicensable right to use the platform for their own purposes within the chosen plan.

(2) The customer may use interim managers’ profiles and contact details only for their own project concerned. Passing them on to third parties, reselling them or reading them out automatically is not permitted.

(3) All rights in the platform, its software, content and trademarks remain with us.

8 Customer obligations

(1) The customer describes their projects truthfully and as precisely as matching requires.

(2) The customer does not misuse the platform, in particular not for unlawful content, and does not impair its security or operation.

(3) If the customer seriously breaches these obligations, we may temporarily block access after prior notice. The right to terminate for good cause remains unaffected.

9 Contract with the interim manager

(1) The customer contracts the assignment directly with the interim manager. We are not a party to that contract, not the interim manager’s employer or agency and have no right to give instructions.

(2) The customer and the interim manager agree and settle the fee directly. We charge no markup on the day rate and no placement commission. Our only remuneration is the subscription fee.

(3) The customer and the interim manager are responsible for structuring the assignment lawfully (for example regarding false self-employment or temporary agency work).

10 Fees and payment

(1) The prices in the price list on 1interim.com at the time the contract is made apply. All prices are net, plus statutory VAT where applicable.

(2) The customer pays monthly, quarterly in advance or annually in advance; annually in advance only with a 12-month term. Discounts for paying in advance are shown in the price list.

(3) We issue an invoice. The invoice amount is due on receipt of the invoice unless the invoice states another payment term. The customer pays by bank transfer to the account stated on the invoice.

(4) We activate the subscription as soon as the first payment has arrived.

(5) If the customer is in default of payment, the statutory rules apply. After prior notice, we may block access until the amounts due have been paid.

(6) The customer may only set off claims that are undisputed or have been finally established by a court.

11 Term and termination

(1) The subscription runs for 3, 6 or 12 months (minimum term), as chosen by the customer. The term starts on activation.

(2) It renews for the same period unless cancelled in text form with one month’s notice before the end of the term. We remind the customer 60 days before the term ends.

(3) The right of both parties to terminate for good cause remains unaffected.

(4) Access to the client area ends when the contract ends. We delete data in line with the statutory requirements unless retention obligations apply.

12 Replacement profile and warranty

(1) If a presented candidate is no longer available, the customer receives a new profile free of charge within 14 days of the project request. After that, the customer replaces profiles from their refresh pool or with an additional profile refresh.

(2) If the platform does not work as agreed, the customer reports this without delay with a clear description. We fix the fault within a reasonable time. Otherwise, the statutory warranty rights apply unless these terms provide otherwise.

13 Liability

(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee given.

(2) For slightly negligent breach of an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract. Essential obligations are those whose fulfilment makes the contract possible in the first place and on which the customer may rely. Otherwise, liability for slight negligence is excluded.

(3) We are not liable for the services of interim managers, the accuracy of their information or the success of an assignment.

(4) These rules also apply in favour of our legal representatives, employees and vicarious agents.

14 Data protection

(1) We process personal data in line with the privacy notice on 1interim.com and the GDPR.

(2) Where we process personal data on the customer’s behalf, the parties conclude a data processing agreement under Art. 28 GDPR.

(3) The customer uses interim managers’ contact details and profiles only for the project concerned and in compliance with the GDPR.

15 Confidentiality

Both parties treat confidential information of the other party received under the contract as confidential and use it only to perform the contract. This obligation continues after the contract ends.

16 Changes to these terms

(1) We may change these terms with effect for the future if there is a valid reason, for example a change in the law or new platform features. We do not change essential contract terms such as the price, term and scope of the booked plan unilaterally during the current term.

(2) We announce changes in text form in good time before they take effect. If the customer objects, they may terminate the contract as of the date the changes take effect. We point out the right to object and its consequences in the notice.

17 Final provisions

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of Worldwide Management AVA GmbH.

(3) Changes and additions to the contract require text form.

(4) If any provision of these terms is or becomes invalid, the validity of the remaining provisions is not affected. The statutory provision takes the place of the invalid provision.