Terms & Conditions

Section 1 Subject of agreement

  1. The following terms of use govern the use of Etengo AG’s online service portal www.etengo.de and thus the website, the online retrieval of database content or individual parts thereof and the reproduction of individual data by the user by means of downloading or printing. Etengo AG provides users of its website and registered users with information from its database. The information accessible via the online service portal of Etengo AG aims to bring together project providers and freelancers (hereinafter also both referred to as ‘users’).

  2. The use of the online service portal is free of charge for both freelancers and project providers.

  3. Etengo AG does not charge a fee for the use of the online service portal, even if it successfully arranges a placement for a freelancer with a project provider.

  4. Any potential subsequent cooperation in the form of a specific project contract can take effect if the freelancer, Etengo AG and the project provider agree on the arrangements for the project contract. The specific cooperation between the freelancer and Etengo AG is governed by the conclusion of separate contracts (project contract). If a project contract is concluded, Etengo AG undertakes to provide the project provider with the services of a freelancer. The service is billed via Etengo AG’s ORP (online billing portal) tool. Etengo AG charges the project provider an agency fee based on the hourly rate agreed with the freelancer. These terms of use are not definitive in this respect and only regulate the use of the online service portal.

  5. Without having to log in, all users can search for project proposals and view other website content (text, images, factsheets, etc.).

  6. Personal data is processed and stored when users log in and while they remain logged in. This personal data is subject to the Privacy policy, which the user must agree to separately.

  7. The user has no right to be included in the database of the online service portal. Etengo AG may remove a profile or project posted by a user from the database of the online service portal at any time.

Section 2 Availability

  1. Etengo AG makes the online service portal available to users on a continuous basis during normal office hours. Etengo AG does not guarantee an average level of database availability.

  2. Etengo AG is not obliged to save the data entered by users, but will take the usual precautions to maintain the smooth and secure operation of the online service portal.

  3. Etengo AG has the right to change or discontinue the free online service portal (website, database contents, database structure, user interface, etc.) after prior notice at any time and without giving any reason. Users are not entitled to claims for compensation or reimbursement of expenses.

Section 3 Registration

  1. Users must be registered in order to use the online service portal, but not the website. Users are obliged to provide complete and correct data during the registration process.

  2. Freelancers can register free of charge with Etengo AG. Registration takes just three steps. Once successfully registered, freelancers can log in to update their profiles. After logging in, freelancers can also search for specific project proposals (PP), bookmark them or submit non-binding applications. All this use is and will remain completely free of charge for the freelancers, even if they subsequently conclude a contract with Etengo AG or the project provider.

  • The user completes and submits the short registration form containing basic data such as name, address, username, password, email address, desired username, desired password, etc.
  • Etengo AG sends an email to validate the email address with an activation link.
  • The freelancer activates the account via the link and then has the option of creating a profile.

Project providers can contact Etengo AG using the contact form provided and, if they wish, immediately send specific information about an actual project. As registered users (Etengo AG sends access details via a separate process), project providers may submit specific search requests to Etengo AG using their company name. Project providers cannot search for suitable or specific freelancers in the database.

Users must keep the access codes assigned to them and passwords safe from access by third parties. If a user enters a password incorrectly three times in succession, the connection is blocked.

Section 4 Technical requirements

  1. It is the users’ responsibility to obtain and maintain the required hardware and connections to public telecommunications networks.

  2. Users are responsible for the costs of setting up and maintaining their own online connections. Etengo AG is not liable for the security of data communications transmitted via third-party communication networks. Etengo AG is also not liable for problems with data transmission as a result of technical issues or configuration problems on the user side.
  3. Users are responsible for their own hardware, software and communication channels.

Section 5 Granting of rights of use

  1. Unless specified otherwise, the database and the individual contents are protected by copyright. Users are obliged to observe the existing copyright and undertake not to violate it. Users may retrieve, store and utilise the contents of the database for their own use only. The restrictions set out in Section 53 UrhG (German Copyright Act) serve as a basis here. The information retrieved may only be used for the users’ own requirements.

  2. Users acting as information agents may only pass on information to their principals if they guarantee, within the framework of their general terms and conditions, that these principals will comply with the obligations imposed by these general terms and conditions. Users are not authorised to change the contents or to duplicate them for, make them accessible to, forward them to or sell them to third parties, or to use them commercially in any other form. Copyright notices and brand names may not be changed or removed.

Section 6 Collection and utilisation of user data

Etengo AG is entitled to use, collect and process the data provided by users in accordance with the principles of data protection law as set out in the Privacy policy.

Section 7 Copy protection

Etengo AG is permitted to encode all content made available for download to prevent unauthorised use. Users are not permitted to remove this encoding. Etengo AG is permitted to change and enhance encoding techniques in accordance with current technical developments.

Section 8 Incorrect data

  1. If it becomes apparent that the information provided by a registered user is incorrect or out of date, Etengo AG will ask the user to provide the correct or up-to-date information. If this does not happen, Etengo AG will remove the data from the database. Users have no right to force Etengo AG to request the delivery of correct or up-to-date information from another user.
  2. Etengo AG is not liable for the existence, suitability, accuracy or up-to-dateness of the profiles created in the database by a user. The user creating the profile is responsible for its content.

Section 9 Applicable law

The use of the online service portal is governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods.

Section 10 Agreement on jurisdiction

If the user is an agent, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction shall be the registered office of Etengo AG.

Section 11 Final provisions

  1. Any changes to these terms of use, or notifications to Etengo AG or the user relating to these terms of use must be in writing or via email.
  2. If any provision of these terms of use proves to be invalid in whole or in part, this shall not affect the legal validity of the remaining provisions.