General Terms and Conditions
General Terms and Conditions of TOGET./Tessa Hövel
1. General
TOGET./Tessa Hövel (hereinafter: “TH”) operates a platform on the website www.toget.de on which clients can submit requests for recommendations of freelancers. TH does not provide workers and does not act as a recruitment agent, but only establishes contact between clients and self-employed freelancers.
In addition, in individual cases, TH offers the direct booking of characters, in which TH itself acts as a contractual partner to the client and bills the service in its own name.
After checking, TH forwards requests for freelancers to registered freelancers as non-binding job offers. The freelancers decide independently whether they are interested in an assignment and inform TH of their availability.
The client then receives an information email with a hyperlink to a selection of interested freelancers. The freelancer profiles that can be viewed there, as well as their stated hourly rates and estimated total costs, represent a non-binding recommendation from TH.
The final assignment of a freelancer is made exclusively between the client and the freelancer. TH is not a contracting party and assumes no responsibility for the contract design, contract fulfillment or remuneration.
Freelancers are completely independent in the performance of their work and are not bound by instructions from TH or the client. They are free to decide on the acceptance and execution of orders as well as their content and working methods.
2. Conclusion of contract
2.1 Mediation of freelancers
A contract between the client and the freelancer is concluded directly between these parties. TH only establishes the contact and assumes no responsibility for the contract design or fulfillment.
The client acknowledges that TH does not act as an employer or contractor of the recommended freelancers and has no authority to give instructions to them.
TH reserves the right to reject requests from clients or to forward them only under certain conditions.
2.2 Direct booking of characters by TH
In individual cases, TH offers the option of booking characters directly. In these cases, the contract is processed directly between the client and TH.
In these cases, TH acts as the client's contractual partner and takes over the entire processing and invoicing of the character services.
The client receives an offer from TH with a detailed description of the character service and the remuneration
The contract is only concluded when the offer is confirmed in writing by the client.
The client has no direct contractual relationship with the character.
Characters booked through TH are self-employed and are not subject to any authority from TH or the client.
3. Obligations of the client
The client undertakes:
Not to pass on the freelancer profiles transmitted by TH to third parties or to contact them outside the platform without the consent of TH.
Provide a correct and complete description of the desired scope of services.
Do not involve freelancers and characters in a dependent, instruction-bound activity, but only commission them as self-employed service providers.
Do not oblige freelancers and characters to adhere to certain working hours or to adopt the client's operational structures.
Rights of use for media recordings:
The client is obliged to obtain the express consent of freelancers or characters before using photo, video or audio recordings.
TH assumes no responsibility for compliance with data protection regulations in this context.
4. Liability
TH is not liable for the proper execution of the contracts concluded between the client and the freelancer.
When booking characters directly, TH is only liable for the proper placement and contract execution, but not for the provision of services by the character itself.
TH does not guarantee the availability or performance of recommended freelancers or characters. A successful placement or a certain quality of the services provided cannot be guaranteed.
TH is not obliged to provide a short-term replacement if a freelancer or character placed fails to show up. This is the sole responsibility of the client or only takes place after separate agreement.
Claims for damages against TH only exist in the case of intentional or grossly negligent behavior.
5. Prohibition of poaching & direct commissioning of freelancers & characters
The client acknowledges that the contact is made by TH and that the recommended freelancers or characters may not be contacted or commissioned directly or via third parties outside the platform without prior agreement with TH.
If the client wishes to hire a freelancer or character directly for future projects, TH must be informed of this. Direct cooperation without prior notification to TH leads to a contact placement fee of €10,000.
If the client does not report a planned direct commission on time or provides false information, the contractual penalty increases to €20,000 per freelancer or character.
This regulation applies up to 2 years after the last contact was made by TH.
6. Billing & payment terms
For direct bookings of characters, the invoice is issued by TH. The client receives an invoice that must be paid within the agreed payment period.
Cancellation conditions for direct bookings of characters:
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Up to 14 days before the assignment: 30% of the agreed fee
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13 to 7 days before the assignment: 50% of the fee
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Less than 7 days before the assignment: 80% of the fee
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On the day of the event or if the client does not show up: 100% of the fee
The payment terms for freelancers are regulated exclusively between the client and the freelancer. The client is solely responsible for compliance with tax and social security obligations in relation to the commissioned freelancers. TH assumes no responsibility for income tax, social security contributions or other charges that may arise from the commissioning of freelancers or characters.
7. Final provisions
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Changes or additions to these terms and conditions must be made in writing.
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These terms and conditions are subject to the laws of the Federal Republic of Germany.
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The place of jurisdiction is Düsseldorf.
Contact & company details
TOGET. / Tessa Hövel
Königsallee 14
40212 Düsseldorf
Germany
Website: www.toget.de