Terms and Conditions
Terms and Conditions of Studentance UG (haftungsbeschränkt) regarding the use of the job site and freelance platform Studentance.
Studentance is a job site and an online freelance platform run by Studentance UG (haftungsbeschränkt) („Studentance”) headquartered in Campusallee 9911C, App. 1.31; 55768 Hoppstädten-Weiersbach, Germany.
Studentance has two groups of customers: organisations, institutions, companies (hereinafter referred to as „employers“), and service providers (hereinafter referred to as “students”). Both employers and students will collectively be referred to as „users”.
Employers publish job postings or ask for services („projects”) and negotiate the extent and conditions of projects and enter cooperation as described in the concluded contracts („service contracts”). Employers can post jobs and projects, view student profiles, communicate with students, cooperate in projects, pay for projects, and review students.
Students can present themselves to the employers via a profile, view jobs, and projects, send job applications, submit offers, negotiate conditions, communicate with employers, work on projects, and review employers. Studentance UG (haftungsbeschränkt) provides users with a suitable online platform to complete all the aforementioned activities.
These Terms and Conditions („T&C”) are applicable to all contracts between users and Studentance.
Studentance reserves the right to modify and/or revise the existing T&C at any time and without giving reasons. Users will be informed about the modifications of these T&C. Should the user not object within two weeks of receiving the notification about the modifications, the modified T&C are considered to be accepted.
§ 1 Definitions
Employer: an organization, an institution, or a company using the online platform for business purposes, that concludes a contract with one or more students (service providers).
Online platform: https://www.studentance.com – the website and its functionalities and online tools.
Project: any specific task entrusted by an employer to the student(s).
Registration: the creation of an account/profile by the user.
Service contract: a contract that regulates the conditions and the subject of a project completed on the online platform.
Service provider: a natural person in Germany or abroad providing services to employers on the online platform.
Student: a natural person who is in pursuit of a higher education degree and using the online platform to apply for jobs and to work on projects for employers (as a service provider).
Users: Employers and students.
§ 2 User contract
2.1 Object of the contract
The object of this contract is the access to and usage of the online platform Studentance (“online platform”) for the purposes as described in the preamble of the T&C. Studentance develops and runs the online platform. But it does not itself act as an intermediary between the users. The payment processing service is not an object of this contact.
2.2 Conclusion of contract
The contract with Studentance for the use of the online platform is concluded when the user has created their account/profile (hereinafter referred to as “registration”). The user is obliged to make a truthful and complete declaration of the information requested for the registration. The user is obliged to provide an email address that they have access to and that email serves the purpose of contacting the user and the user contacting Studentance. If any data changes after the registration, the user is obliged to update their data in their account as soon as possible.
The applicable fees will be displayed during the respective project completion.
Upon the conclusion of a service contract, the employer becomes liable to pay Studentance a service fee as a percentage of the project value amount. Studentance’s claim for the service payment arises with the use of the online platform and falls due for payment with the conclusion of a service contract between employer and student. The project value is the amount paid by the employer to the student for the completion of the project.
Studentance reserves the right to change the pricing structure at any time. The respective changes will be clearly communicated and published on the following webpage: https://www.studentance.com/pricing/.
§ 3 Service contracts
3.1 Contract parties
The creation and negotiation of projects, the related contract conclusion, and contractual performance are the sole responsibility of the users. The users are exclusively responsible for ensuring that the projects and the conclusion of the contract comply with German law and the law of the respective user. The users negotiate their projects independently among themselves. Studentance provides the users with the necessary infrastructure but is not a representative of a user or an intermediary between the users, and shall not become a party to a service contract concluded between the employer and the student.
3.2 Creation of service contracts
The users are solely liable for the conclusion and execution of service contracts that regulate how projects are carried out. The conclusion and execution of service contracts between an employer and a student take place at their initiative and are under their exclusive responsibility. Studentance provides employers and students with communication tools so that they can conclude a service contract on the online platform. Its liability is restricted to the provision of these means. Studentance does not conclude any contract on behalf of an employer. Consequently, Studentance cannot be considered as an employer or an employee. Employers and students are solely responsible for any difficulties, claims, and disputes which may arise during the completion of the project.
3.3 Content of the service contracts
As a result of the doctrine of the freedom of contract, the users can create a service contract as they desire. Nevertheless, the content of the service contracts may not contradict these T&C, the German laws, or the laws the user may be subject to. A student must keep all conversations with employers and information shared with them on the online platform strictly confidential.
§ 4 General use of the online platform
4.1 General obligation to comply with legal requirements
Users can make use of functionalities and online tools when using the online platform. They can send messages to other users, have video calls with other users, exchange files with other users, post their own contents when creating a job posting, or a project. When doing so, the user is obliged to comply with these T&C and applicable law, especially criminal law, competition law, trademark law, copyright law, personal rights, data protection law, and laws concerning the protection of young persons, and not to violate the rights of any third party when using the online platform.
4.2 Interdiction of fake requests and quotes
It is forbidden for users to send requests or quotes whose fulfillment has never been intended.
4.3 Review functionality
The online platform enables any employer to leave a review about any student or employer and the student to review any employer or other student. Users are obliged to leave a truthful assessment, expressed in a balanced and objective manner. Studentance has the right but is not obliged, to delete reviews.
4.4 Deletion of the contents
Studentance has the right to block access to or delete certain contents at any time, especially in case of suspected violation of these T&C, applicable laws, or rights of third parties.
§ 5 Granting of Rights
5.1 Granting of rights
The user permits Studentance to use the posted contents without limitations. Studentance is allowed to publish the contents posted by the user on the online platform so that it is available to the public.
5.2 Guarantee of proprietorship
The user warrants that he is the rightsholder of the contents posted on the online platform and that he is fully entitled to give Studentance the rights as described in § 5.1. The user warrants that the use of the contents does not violate any rights, especially the personal rights of third parties.
5.3 Exemption from third party claims
The user shall release Studentance from all third-party claims, especially claims regarding violations of copyrights, competition law, brand infringement, data protection breach, and violation of personality which may be raised by the user as a consequence of the use of the online platform. Studentance has the right to take the necessary steps to defend itself against third party claims or for the pursuit of their rights. The exemption also includes the compensation of costs that have been incurred as a result of the defense of rights by Studentance.
5.4 Rights to the online platform
All rights to the online platform (especially copyrights) belong to Studentance. The users will not use data and information gained on the online platform for advertisement, unsolicited emails, or other non-authorized purposes.
§ 6 Liabilities
As far as it is in Studentance’s control, it will try to provide continuous access to the online platform. However, due to technical reasons that are also beyond Studentance’s control or because of the force majeure, there can be no claim to availability. Studentance has the right to restrict the access to the online platform fully or in part, for a few days or permanently due to maintenance or technical limitations.
The user must report to the respective authorities and fulfill all legal, social, administrative, and tax formalities according to the laws and regulations that the user is subject to. The user is solely responsible for the fulfillment of the obligations to their country of residence. The user must provide Studentance with all necessary documents upon request as a result of the inquiry of their country’s legal or tax authority.
§ 7 Applicable law and jurisdiction
These T&C are subject to German law. Any dispute relating to their formation, conclusion, interpretation, and/or execution is under the exclusive jurisdiction of the respective court in the Federal Republic of Germany.