clickworker GmbH, Hatzper Straße 30, 45149 Essen, Gemany
clickworker GmbH (hereinafter referred to as the "Platform") operates a "Workplace" area on its websites and by means of its smartphone app, on which registered participants (the "Clickworkers") can offer various services to the Platform.§ 1.2
These General Terms and Conditions (hereinafter "GTC") apply to all contractual relationships between the platform and the Clickworkers. General Terms and Conditions for Clickworkers that deviate from or supplement the GTC shall only become part of the contract if the platform expressly declares this. Individual agreements between the platform and Clickworkers shall in any case take precedence over these GTC. The content of such agreements shall be governed by a written contract or written confirmation from the platform.§ 1.3
A change to these GTC will only be made with the express consent of the Clickworkers. Clickworkers will also be informed in advance of any planned changes by email. If a Clickworker does not give their consent, the platform and the Clickworker have the right to terminate the contractual relationship.
In order to use the Workplace as a Clickworker, a one-time free setup of a user account and an activation by the platform is required. Clickworkers must be at least 18 years old to set up a user account. There is no legal claim to activation of the user account by the platform.§ 2.2
The Clickworker is obligated to provide the personal data requested when setting up the user account properly, correctly, and truthfully. The platform reserves the right to make the activation of the user account dependent on the submission of suitable evidence proving that the data provided is correct, or to request such evidence at a later date if doubts arise as to the correctness of the personal data submitted. Until such evidence is provided, the platform also reserves the right to deactivate the user account in question. Furthermore, in such cases, the platform reserves the right not to pay out any amounts already credited to the respective user account at that time until such evidence has been provided.
The Clickworker is obliged to keep the data provided up to date and to make any necessary adjustments without delay. For this purpose, the platform offers the opportunity to change the data independently on the Workplace. If the platform is unable to contact the Clickworker due to a failure to make the necessary data changes, the platform is not responsible for this.§ 2.3
When setting up the user account, a freely selectable user ID and password must be provided. The selected user ID may not violate any rights, in particular the name or trademark rights of third parties and may not offend common decency. The Clickworker is responsible for maintaining the confidentiality of the password.§ 2.4
It is generally not permitted to register a user account for a third party. Clickworkers are also prohibited from creating and maintaining multiple user accounts. In the event of a violation, the platform reserves the right to permanently deactivate the user accounts and to prevent the creation of further, new accounts. Any amounts already credited to the respective user account will not be paid out.§ 2.5
If a user account has been blocked by the platform due to violations of these GTC, the Clickworker is prohibited from registering again. If he/she does so, the new user account will be blocked immediately after it becomes known. Any amounts already credited to the account will not be paid out.§ 2.6
The platform may conclude framework agreements on the use of the Workplace with legal entities, partnerships, or other persons. This gives them the opportunity to submit offers to the platform themselves or through employees in accordance with §4.1. In doing so, it must be ensured that the individual employees remain clearly identifiable for the platform. In this case, however, the specification of permanently assigned anonymous names (e.g., "Company XY_employee7") is possible as an exception.
If the user account is activated by the platform, the Clickworker is given the opportunity to use the Workplace and to make offers to the platform in accordance with §4.1. A further contractual relationship between the Clickworker and the platform is not established by the activation.
The platform reserves the right to block the user account of a Clickworker and to terminate the contractual relationship with the Clickworker if the Clickworker violates the GTC or other obligations arising from the contractual relationship. In this case, the amounts in the user account that the Clickworker has received from the platform for accepted services will be paid out to the Clickworker, unless otherwise regulated in these GTC. A payout will not be made in particular in the event of a serious breach of duty.§ 3.2
Clickworkers can deactivate their user account on the Workplace at any time. Personal data will then be deleted automatically in accordance with the data protection regulations. Information and data that are subject to statutory retention obligations (e.g., invoices / credit notes) will only be deleted after the relevant retention period has expired. Amounts on the user account that have not yet been paid out and that fall short of the minimum payout amount will thereby be forfeited.§ 3.3
The Platform reserves the right to (i) investigate or take legal action against anyone who breaches contractual obligations or engages in fraudulent and/or otherwise unacceptable conduct and/or (ii) block the Clickworker account and access to the Workplace or Partner Sites. These actions may include, but are not limited to, the following: (i) any attempts to obtain credit or consideration for services that have not been provided; (ii) attempts to obtain acceptance for clearly unreasonable or particularly poor work performance; (iii) submitting false or misleading feedback regarding the Clickworker's performance or the performance of others; (iv) influencing feedback regarding the Clickworker's performance or the performance of others in breach of duty; (v) any actions that may compromise the integrity of the Feedback System; (vi) use of any methods in the provision of Services that are unlawful or unethical; (viii) use of any property, intellectual property or rights without obtaining proper authorization or consent from the permittee; (ix) discriminatory conduct.§ 3.4
If the platform decides to block the Clickworker's user account, it will notify the Clickworker immediately, but no later than the time of the block.§ 3.5
In the event of a block, the platform offers the Clickworker the opportunity to file an objection. In the event of an objection, the platform will inform the Clickworker of the reasons for the block, including the specific facts or circumstances that led it to make the decision. The Clickworker will be given the opportunity to clarify the facts and circumstances. In the event that no agreement is reached, the mediation office / ombudsman office commissioned for this purpose can be called upon (Link to the form). If the block is lifted by the platform, the account must be restored to its original state.
In the event of a block, the platform is not obliged to give reasons if it is prohibited from doing so due to legal obligations, or if the Clickworker's user account has already been blocked in the past due to a breach of contractual obligations.
The platform presents projects on the Workplace with applicable conditions (merely as an "invitation to offer" - invitatio ad offerendum). After activating their user account, Clickworkers can view the projects that match their qualification profile. Clickworkers can then submit an offer to the platform to work on these projects under the conditions specified in the project description. The platform is not obliged to accept such offers. The posting of project descriptions in the Workplace therefore does not constitute a binding offer by the platform.§ 4.2
If the Platform accepts an offer from a Clickworker, the data required to process the project will be made available to the Clickworker on the Workplace. Acceptance of the offer does not give rise to any claim on the part of the platform against the Clickworker that the Clickworker will complete the project in accordance with the specified conditions.
In return, the platform is not obliged to accept the Clickworker's performance if it does not comply with the conditions specified in the project description and is thus defective. In particular, services will no longer be accepted if the period for service provision communicated by the platform is exceeded.§ 4.3
The Clickworker undertakes to maintain confidentiality vis-à-vis third parties regarding the data and project descriptions transmitted to him for the purpose of processing a project and to use this information exclusively for the provision of services to the platform. In particular, the service must be provided in such a way that third parties cannot gain access to the transmitted data and project descriptions. These obligations shall continue to exist even after the completion of a project. If the Clickworker culpably violates this, the platform reserves the right to assert claims for injunctive relief and damages.§ 4.4
If the Clickworker delivers the corresponding services on time, the remuneration specified in the project description will be provisionally credited to his/her user account. This does not yet constitute acceptance of the service. The delivered results will subsequently be checked by the platform or the client. If defects are discovered, the Clickworker will generally be given a period of time to remedy the defect. If this supplementary performance fails or is refused by the Clickworker, the platform shall withdraw from the corresponding contract. In this case, no compensation will be paid. In special individual cases, there is no possibility of subsequent performance if projects must be finally completed by a certain date. In this case, an explicit supplementary project agreement is included in the corresponding project descriptions.§ 4.5
If the Clickworker’s service is accepted by the platform (usually within seven days after delivery of the service), the Clickworker will be finally credited with the remuneration specified in the project description to his/her user account and paid out in accordance with § 6. Some projects may have a different acceptance period. In this case, an explicit additional project agreement is included in the corresponding project descriptions.§ 4.6
The placement of an order by the platform is made exclusively with the Clickworker who has submitted the corresponding offer. The transfer of the project and the processing by third parties are expressly prohibited unless this is expressly permitted in the project description.§ 4.7
The Clickworker is expressly prohibited from using automated methods to provide the service. This includes, for example, bots, scripts, and other similar methods, as well as tools that may fall under the scope of "spam".
All services provided are submitted via the Workplace or partner sites and are not submitted directly to the client.
The Platform will not provide Clickworkers with any infrastructure or equipment with which to access the Workplace or offer to provide services. The Clickworker is responsible, solely at his/her own cost and expense, for (i) obtaining and maintaining access to the Internet, including paying all Internet service provider fees, (ii) acquiring and maintaining a computer system that has a browser capable of accessing the Workplace or Partner Sites and has appropriate anti-spyware, anti-malware and anti-virus software, anti-malware and anti-virus programs to enable the Clickworker to detect malware and other malicious software and to protect his/her own computer system, and (iii) all costs, expenses and fees incurred in acquiring tools or other equipment necessary to access the Workplace and any other costs or expenses incurred in providing the Services.§ 5.2
The Clickworker understands and acknowledges that the Internet is an unsafe medium and some websites may be hostile and may attempt to infect or mislead a computer system or software into revealing personal information for illegal purposes. The Clickworker shall never disclose any personal, proprietary, or confidential information requested in, for example, an email that appears to originate from the Platform. All services provided through the Workplace are provided at the Clickworker's own risk and, except as set forth in Section 8 regarding willful misconduct and gross negligence, the Platform shall not be liable for (i) any loss caused to the Clickworker during or as a result of a visit to a third party website, (ii) any fraudulent email or other fraudulent activity on the Internet, or (iii) any adverse consequences arising from any virus, spyware or malware affecting the Clickworker's computer system, including but not limited to any loss of data, damage to the computer system, identity theft or any other adverse consequence. The Clickworker understands that browser protection, anti-spyware and anti-virus software can reduce the risk on the Internet but cannot eliminate it. The Clickworker will take reasonable steps to protect themselves from web and email fraud while interacting with the Workplace.§ 5.3
Each Clickworker is responsible for ensuring that the social security and tax regulations applicable to his or her place of residence are complied with in the context of his or her business relationship with the platform. In particular, each Clickworker is therefore obligated to pay any taxes and duties incurred on his or her own responsibility.
Insofar as the Clickworker delivers results in accordance with the respective project description in due time pursuant to §4.2, the remuneration specified in the project description will be provisionally credited to his/her user account, and finally credited after acceptance by the platform.§ 6.2
The final remuneration credited to a Clickworker's user account will be paid by the platform either via one of the available payment systems - for this purpose, the Clickworker must be registered with the respective payment system - or via SEPA transfer to the account specified by the Clickworker in accordance with the following provisions. The Clickworker specifies in his/her user account which of the payment methods described below he/she chooses and stores the data required to execute the selected payment method.
Available withdrawal methods are:
A payout is only possible from a minimum account balance of € 10.00. All account balances that cannot be paid out will be carried over to the next payout period.§ 6.3
Amounts credited to the user account that cannot be paid out within 3 years because the Clickworker did not provide payment details, or the payment could not be made (e.g., PayPal account was not verified) will be forfeited. This only applies if the Clickworker has been informed of the difficulties with the payout with reasonable notice and has been given the opportunity to remedy the situation.§ 6.4
A payout is excluded under certain circumstances according to §2.2, §2.4, §2.5 or §3.1.
The Clickworker grants the platform an unlimited right of use in terms of time, space, and content for all rights to the service provided for the platform. This granting of rights relates both to rights of use under copyright law and to other industrial property rights. The granting of rights shall apply to all types of use, in particular to reproductions, distributions, performances, public reproductions, adaptations and transformations of any copyrighted works or other industrial property rights. The granting of rights also includes in particular the right of the platform to grant third parties, in particular the clients of the platform, the corresponding rights to the same extent, so that the services of Clickworker are freely available to them to the extent permitted. In doing so, the Clickworker waives his/her right to be named and designated as the author of any works created by him. The granting of any rights of use is compensated for with the remuneration to be paid by the platform for accepted services in accordance with §4.2. Deviations from the contents of this §7.1 may result from an express supplementary project agreement.§ 7.2
The Clickworker warrants that all services provided by him/her for the platform do not contain any illegal content, in particular that they do not infringe on any copyrights, personal rights, or other proprietary rights of third parties or are relevant under criminal law in any form. The Clickworker is obligated to compensate the platform for any costs incurred by the platform as a result of justified claims being made against the platform by third parties on the basis of content created by the Clickworker. This shall not apply if the Clickworker is not responsible for the respective infringement. In this context, the platform expressly points out that, as part of quality assurance, checks are carried out on services provided by Clickworkers for any copyright infringements.
Insofar as nothing to the contrary arises from these GTC and in particular from the following provisions, the platform shall be liable in accordance with the relevant statutory provisions.§ 8.2
The platform shall only be liable for damages in the event of intent and gross negligence. In the event of simple negligence, the platform shall only be liable for
The Clickworker warrants that, in the performance of his/her services for the Platform, he/she will not incur any risks that go beyond the general risks of life. The Platform will not post any project descriptions in the Workplace whose processing is necessarily associated with special risks.
Declarations transmitted by the Clickworker within the framework of the contractual relationship with the platform must be made in writing or by e-mail. The respective current contact details can be found in the imprint.§ 10.2
The contractual relationship between the Clickworker and the platform is governed exclusively by the laws of the Federal Republic of Germany. The contractual language is German.§ 10.3
To the extent permitted by law, Essen shall be the exclusive place of jurisdiction for all disputes arising from the business relationship between the Clickworker and the Platform.§ 10.4
Should individual provisions of these GTC be invalid, this shall not affect the validity of the remaining provisions.
Version: 1st December, 2021