SOMPANI GENERAL TERMS AND CONDITIONS – v 10 July 2017
Please read these Terms and conditions carefully prior to using our Website, as these will apply to your use of our website and our Services.
- In general
Sompani UG (“Sompani”, “us”, “we”, or “our”) has created a website www.sompani.de (our website) that operates as an online Sompani platform that offers Services, as defined hereinafter for registered Users, as defined hereinafter that are active in a Berlin Startup in the geographic area of Berlin, Germany. The present Terms and conditions together with our additional Privacy and Cookie Policy apply to the use of our website whether as a guest or a registered user. Use of our website includes accessing, browsing, or registering to use our website.
By using our website, you acknowledge and confirm that you have read and understood these Terms and conditions, and accept to be legally bound by the application of these Terms and conditions, including our additional Privacy and Cookie Policy. If you do not agree to all of these Terms and conditions and our Privacy and Cookie Policy, you must not use our website or register for our Services.
We may modify these Terms and conditions and our Privacy and Cookie Policy from time to time by amending this page and therefore advise to regularly check this page, as these modifications are binding on you. Any derogation from the present Terms and conditions and our Privacy and Cookie Policy is excluded unless a prior explicit and written agreement by us.
- Definitions
2.1. Users
Users as defined in the present Terms and conditions are natural persons and legal entities who have registered and whose registration is confirmed by Sompani. Users can only register in, if they are part of the Berlin Startup community and register with their Berlin Startup email address. If the startup (domain) of the User is not yet registered with Sompani, Sompani will provide an answer with regard to the necessary steps to registrate upon demand of the User. Registration is free of charge for the Users.
Users who successfully registered could be considered both User-Referrer as well as User-Recruiter depending on the nature of their activity as explained as follows:
– A User-Referrer is a specific registered User who refers a Candidate, as defined hereinafter, of which it guarantees the receipt of an informed consent to upload its following mandatory personal information: availability date, educational level, language(s), professional experience, position, field, keywords describing the Candidate and a Referral reward, as defined hereinafter, on the Sompani platform for the purpose of a possible recruitment by a User-Recruiter.
– A User-Recruiter is a specific registered User who browses through the Sompani platform in our pool of Candidates for a Candidate, download Candidate CV’s, views either short or full profiles and gets introduced to a Candidate for the purposed of interviewing and potentially hiring a Candidate against the payment of a Referral reward and a Service fee, as defined hereinafter to Sompani.
2.2. Candidate
A Candidate is a natural person that is referred by a User-Referrer whom there is a connection between them. A connection may be, amongst others, a friend, a former or current colleague, an acquaintance, that is looking for new job opportunities and is willing to be recruited via our Sompani platform and to work in a Berlin-based startup.
2.3. Sompani account
Following registration, the User will have to provide a password. The User is the only one who may use its Sompani account and must keep its password secret. Users will have a “My Sompani” account on the right top of their page, when they are logged in after their registration.
Under My Sompani, Users will be able to view their referred Candidates and modify the requested Referral reward to be paid out, as defined hereinafter. In addition, under My Sompani Users are able to view their history of viewed Candidates; to access saved and referred Candidates; Candidates that are marked as favourite candidate, as well as a summary of Candidates of which Users that have been introduced to.
My Sompani allows a User-Recruiter to confirm a hire, in case a Candidate signed an employment contract or otherwise if the User-Recruiter employs either directly or indirectly a Candidate that it has found through the use of our Sompani platform.
2.4. Referral reward
A Referral reward is the total amount including our 20 % Sompani Service fee, excluding VAT, that a User-Referrer deems appropriate for the referral of a Candidate that a User-Recruiter needs to pay in the event a User-Recruiter decides to hire this referred Candidate by making use of our Sompani platform.
In principle a User-Referrer can freely choose the amount of the Referral reward. However, Sompani will provide Users a (non-binding) suggested estimation, based on objective factors and the received input from the User-Referrer and Candidate. In the rather unlikely and exceptional circumstances when a User-Referrer determines an impossible disproportional amount, Sompani reserves all their rights to block, adjust or remove the proposed amount at any time without prior notice.
A User-Referrer is free to change the desired Referral reward at any time through the My Sompani portal under Referred Candidates. In the pool of Candidates, your referred Candidate’s profile will always display the latest Referral reward set by you under Referred Candidates.
2.5. Sompani service fee
Sompani charges a 20% service fee for uploading Candidates, for screening Candidates based on relevance and quality, for matching Candidates with potential recruiters, for introducing Candidates to potential recruiters, and for enabling effective Candidate referrals. In addition, prices indicated on the website do not include the regionally applicable VAT. Service fees as well as VAT charges will be added to claims or invoices issued by Sompani.
For example: a Referral reward of an amount of EUR 1,200 that needs to be paid by the User-Recruiter entails a 20 % Sompani Service fee of EUR 240. This means that a User-Referrer receives the payment of EUR 960.
Please find a detailed description of our Pricing and Payment method under section 5.
- Operation of our Services on the Sompani platform
Sompani offers a Sompani online platform in the area of human resources where Users and Candidates may come into contact with each other by referring and searching Candidates with a view of finding new employment relationships that in turn might lead to the payment of a Referral reward, hereinafter collectively called “Services”.
Please find hereinafter the operation and the rules and guidelines on which Users may make use of our Services on our website.
3.1. Registration
In order to be able to make use of our Services on the Sompani platform, Users are required to register as a User. During the registration process, you are required to provide your first name, last name, your startup email address, your current job title and a password.
Sompani will verify all logins either by pre-determined list of emails or manually after login. Only Startups with email-domains are eligible to use our Services Should a User forget its password it should click on “forgot password” and sompani will send a verification email with a new password-reset link. Furthermore we ask you to read our Terms & Conditions as well as our Privacy Policy very attentively prior to register through the Sompani platform on our website and acknowledge and agree to be bound by these Terms and conditions.
To complete your registration as a User, you are required to confirm your email address by clicking the email confirmation link in the confirmation email we send you after your registration. If you cannot find this confirmation email, we would like to ask you to check your spam folder in your email account, or otherwise to contact support@sompani.com. You will need to register and confirm with your startup email address, containing the company’s name where you are currently working or an equivalent abbreviation, in order to be able to access Candidates’ full profiles or to complete a successful Candidate referral, as explained later.
Please be advised that Sompani only acts as enabler between Users and Candidates, and should under no circumstances be considered as an employer.
3.2. Refer a Candidate
After a successful registration, a User-Referrer will be able to refer a Candidate and set the Referral reward for a Candidate. Each User-Referrer is solely responsible to obtain prior explicit and informed consent from the Candidate for the use of its personal information on our Sompani-platform for the purposes of our Services.
Candidates cannot upload themselves and have to be referred by a User-Referrer. Once a User-Referrer desires to upload their profile and after completing the Refer a Candidate form and clicking on Refer Candidate, your Candidate will be notified via an automatic notification email of your referral.
Upon receipt of this notification email, Candidates may accept or refuse to be referred on the Sompani platform as Candidate. If a Candidate refuses by notifying Sompani by clicking on the “refuse” button, Sompani will upon receipt of this refusal decision delete all information from its Sompani platform. If a Candidate accepts to be referred it is necessary in order to finalize the referral that Candidates can review and edit the inserted information about them given by the User-Referrer. A Candidate will not be able to modify the personal endorsement about him or her from the User-Referrer. Should a Candidate not agree on the content of the endorsement it could send a motivated email to support@sompani.com. Sompani will take all complaints seriously and will investigate them.
In order to secure the privacy of it’s Users and any potential Candidate, the Candidate will have the option to hide it’s profile a list of companies it selected prior to completing it’s profile review. Both a Candidate’s review and acceptance of our Terms & Conditions as well as our Privacy Policy by the Candidate will be incumbent on a successful upload of the Candidate’s profile to our pool of Candidates.
Six weeks after a Candidate has been uploaded, the Candidate will be asked whether he is still looking for a job. He then has the possibility to remove his profile from our portal in case he is not actively looking for a job anymore.
If several User-Referrers try to upload the same Candidate, then the effective User-Referrer will be the User-Referrer that was first accepted by the Candidate.
3.3. Search a Candidate
User-Recruiters get unlimited and free access to short profiles.
Short profiles are available to see the following information: User-Referrer’s position, User-Referrer’s field, User-Referrer’s employer; Candidate’s field, Candidate’s position, connection between User-Referrer and Candidate, Candidate’s years of experience, Candidate’s languages, the Referral reward of the Candidate. User-Recruiters can save short profiles that they are interested in, to be able to find them at a later point in time.
Full profiles are available to see the following information: if a User-Recruiter is interested in a Candidate’s short profile, they can view the Candidate’s full profile by clicking on the button “view full profile”. In order to get access to the full profile, User-Recruiters must insert their billing information (for Direct Debit payments). Once billing information is entered and accepted, full profile shows up and discloses: Candidate CV, which is modified by Sompani (any contact information is excluded), field, position, connection between User-Referrer and Candidate, years of experience, languages, the Referral reward of the Candidate (including the 20% Service Fee charged by Sompani), upload date, availability of EU working permit.
Sompani has made available a tailor made search algorithm in order to enable its User-Recruiters to filter their search amongst others, by position, field, availability, language, years of experience. Furthermore, Sompani might in the near future integrate different search metrics (for example availability date, languages, upload date) that have different weights.
For example, User-Recruiters’ search results would rank a Candidate who is immediately available, speaks a lot of languages, and has a long work experience higher than a Candidate who is only available in 4 months, speaks only one language, and has no work experience.
Sompani allows its Users to browse in its specified pool of Candidates, view full Candidate profiles, download candidate CV’s, and get introduced to candidates for free. Under no circumstances will browsing our pool of Candidates, viewing full Candidate profiles, or downloading Candidate CV’s lead to disclosure of the Candidate’s contact information.
3.4. Introduction between User-Recruiter and Candidate
A User-Recruiter is allowed to get in touch with any Candidate by clicking on Free Introduction on the Candidate’s full profile page. After your confirmation, Sompani will send an introduction email to you in your capacity as User-Recruiter, the Candidate, and the User-Referrer. The User-Recruiter is then allowed to get to know the Candidate and start the hiring/employment process.
3.5. Make a hire claim
Through my Sompani > Referred Candidates > Make a Hire Claim, User-Referrers can claim that Candidates they referred have been hired/ or are employed either directly/indirectly. They will have to provide the Candidate name (mandatory), company that allegedly hired/or employed the Candidate (mandatory), and contact person at that company (optional). Sompani will then check whether the User-Referrer actually uploaded this Candidate, and whether the User-Recruiter looked at this Candidate’s full profile. Hence the pricing and payment method in section 5 needs to be followed.
- Other rights and obligations of Users and Candidates
4.1. Obligation to provide accurate and correct information
Both the Users as well as the Candidates are obliged to supply correct, accurate and full information. The details must at all times be current and correct.
4.2. User content
Whenever you make use of a feature that allows you to upload content to our website, or to make contact with other Users of our website, you must comply with the content standards set out in these Terms and conditions. You acknowledge that copying or using user content of another User actually requires the explicit consent of the other User.
Sompani is at any time entitled but not obliged to control the Users and the Sompani User Account and has the right to remove any posting you make on our website if, in our opinion, your post does not comply with our Terms and conditions. Sompani reserves the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or any other legitimate right it holds.
The User acknowledges that the following, non-exhaustive, acts are forbidden and therefore undertakes not to perform them:
- Post content which may be considered as discriminatory, vindictive, threatening, deceptive, libellous, threatening or offensive;
- Post content that contains obscenity, pornographic content or any other content that may compromise the human dignity;
- Install computer viruses or any other malware;
- Stalk other Users;
- Inappropriate use of political, nationalist or religious symbols and/or beliefs;
- Commit or incite to commit any crime or unlawful act;
- Violate any (property) right or intellectual property right whether registered or not, including but not limited to copyright, trademark or designs, etc.
- In general, perform any act that is in conflict with any law or which constitutes a violation of any third party’s rights and which otherwise is unlawful towards third parties or towards Sompani.
The User is solely responsible for securing and backing up their content. The views expressed by other Users on our website do not represent our views or values. In the event of a violation of any of these Terms and conditions, Sompani is entitled to block the Sompani account.
The User acknowledges and explicitly agrees that any use of Candidate information offered through the Sompani platform can only be used in connection with the purpose as described in our Services. No information, whether partial or as a whole may be reproduced or transmitted in any form or by any means – either electronically or by copying or on any other way possible – without prior permission in writing from Sompani.
4.3. Unauthorised use by minors
You are not permitted to create a Sompani account on our website if you are under 18 years of age and do not have the permission of your parent(s) or legal representative, if you in any other way lack capacity and did not obtain the consent of your legal representative or if Sompani has definitively or temporarily banned you from using the website.
4.4. Right to use all content licence
Any content you upload to our website will be considered non-confidential and non-proprietary.
You retain all of your ownership rights in your content, but you explicitly agree that by making available the user content, you automatically grant Sompani and its partners a non-exclusive, transferable, royalty-free, world-wide licence that is not limited in time, with the possibility of sublicense, to use, reproduce, erase, amend or otherwise change this content without restriction, even if protected by any right, including but not limited to intellectual property rights.
You may also be granting such rights to other Users when you participate or contribute to interactive parts of our website.
4.5. References
By using our website, User-Recruiters allow Sompani to use their information (logo, name, parts of their email to identify the startup-character and disclose it to third parties.
By using our website, User-Referrers allow Sompani to use and disclose their (personal) information that they have provided or inserted on the Sompani platform.
Users and Candidates shall have the right to withdraw their authorization to Sompani at any time by sending an email at support@sompani.com.
- Pricing and payment method
A User-Referrer might receive the payment of a Referral Reward in the event a referred Candidate gets hired by/ or is employed either directly/indirectly by a User-Recruiter through our Sompani platform under the terms and conditions as explained hereinafter.
5.1. Payment obligation
A Successful hire or employment
A Successful hire occurs as soon as Sompani received confirmation from both the User-Recruiter and the Candidate that:
- i) a referred Candidate has been hired by/or is employed either directly/indirectly by a User-Recruiter that made use of our platform; and
- ii) Sompani has received the payment of the Referral reward from the User-
When does a User-Referrer get paid?
Once a Candidate has been hired/ or is employed either directly/indirectly and Sompani has received a payment from the User-Recruiter, Sompani will inform the User-Referrer via a confirmation email about a possible Successful hire. In this confirmation email the User-Referrer will need to verify and confirm its accounting information. After receipt of this confirmation, our accounting department will transfer the stated Referral reward after deduction of our Sompani Service Fee of 20% and any applicable VAT within 7-10 business days.
A User-Referrer can also make a Hire claim in the event he/she believes that a Candidate referred on Sompani has been hired/ or is employed either directly/indirectly thanks to its referral after completion of a short hire confirmation form. Sompani will then get in touch with the Candidate and alleged User-Recruiter in order to verify whether the Candidate has been hired/ or is employed either directly/indirectly.
When will a User-Recruiter be charged?
User-Recruiters get unlimited and free access to short profiles on our website.
A payment obligation takes place in the event a User-Recruiter accessed the full profile of a Candidate and only after an actual hire/or employment took place either within the company of the User-Recruiter or an associated firm of the company of the User-Recruiter or in the event a User-Recruiter facilitated the hire for another company in the geographic area of Berlin, Germany.
Sompani will charge the entire Referral reward including VAT immediately or at the latest within 2 (two) calendar days upon a Hire confirmation, a successful Hire claim or in the event it could reasonable consider that an actual hire/employment took place. The hire confirmation can be made either by Sompani, the Candidate or the User-Recruiter.
In the event of a late (or non) payment, the amount of each invoice that is not entirely paid on the due date, will be combined with a payable fixed penalty of 15% of the due payment, with a minimum of 500 euro, as a compensation for administrative recovery costs. Moreover, a monthly interest of 1 % for late payment will be due.
Any dispute with regard to any invoice must reach Sompani by a motivated registered letter or e-mail within 3 (three) calendar days after receipt of the invoice. We prefer an amicable solution and refer to our complaint procedure as set forth in section 12.
The payment obligation of the Referral reward by the User-Recruiter remains applicable in the event a User-Recruiter hired a Candidate which has been displayed on our website, and said User-Recruiter used our Services and accessed the full profile page of the Candidate at most 12 (twelve) months prior to the date of contract signature with the respective Candidate.
When accessing a full profile provided on our platform, a User-Recruiter is required to insert its company details, including company name and registered company address. The inserted company information will be used to generate and process the invoice payable by the User-Recruiter.
Both the Candidate and the User-Recruiter are obliged to inform Sompani of any Successful hire/employment!
Sompani understands that a User-Recruiter or a Candidate might use other platforms (such as but without being exhaustive LinkedIn or other headhunting agencies) in order to find a new employment/Candidate. However, both the User-Recruiter and the Candidate explicitly acknowledge and agree to act in good faith and commit themselves not to attempt to approach any introduced Candidate or User-Recruiter from our platform directly or through third parties in order to circumvent our Services.
If a User-Recruiter hires a Candidate whose full profile page a User-Recruiter accessed on our portal, the User-Recruiter agrees to at in good faith and inform Sompani of any Successful hire, either direct or indirect, within a notice period of 2 (two) calendar days starting at the point of contract signature with the respective Candidate or the direct/indirect employment. A User-Recruiter is obliged to inform Sompani of such event by clicking on “Confirm a Hire” under Favourite Candidates or under Introductions in the My Sompani dashboard. A Candidate must within a notice period of 2 (two) calendar days inform Sompani on any hire or direct/indirect employment by email to support@sompani.de.
A User-Recruiter hereby agrees that any failure to inform Sompani of a hire or an actual direct/indirect employment within the stated notice-period, or an (un) successful attempt of circumvention of our Services, could cause irreparable harm to Sompani, has the right to charge an immediately payable amount of EUR 25,000.00 as penalty for late disclosure or non-disclosure, notwithstanding the right to claim full damages.
If a User-Recruiter has paid Sompani the Referral reward, and the Candidate leaves the company of the User-Recruiter due to a termination from either the User-Recruiter or the Candidate, the User-Recruiter has no right to be refunded.
Time of introduction will be regarded as applicable “Referral reward”
All claims or invoices sent by Sompani will include the referral reward stated at the point of time a User has been introduced to a Candidate through the Free Introduction button. Referral rewards may change after Users have been introduced to a Candidate. In this case, this change has no effect to their applicable invoice in case Users decide to hire this Candidate and only the amount stated at the time of introduction will be regarded as the applicable “Referral reward”.
The User-Recruiter agrees to pay the amount invoiced or claimed otherwise by Sompani regardless whether the Candidate signs with the User-Recruiter or an associated firm of its company, and regardless whether a Candidate signs for a different position than originally intended.
5.2. Exception on payment obligation
Sompani has no right to any claims if a User-Recruiter or its other headhunting agencies have been in active contact or negotiations with the Candidate for the last 2 (two) months before a User-Recruiter has accessed the Candidate’s full profile page on our platform. For the purposes hereof, “in active contact” shall mean active, direct communication between both parties (Candidate and company) regarding the possibility of a job opportunity at your company or any associated firm of your company, where the Candidate shows interest and where the Candidate has not declined his/her interest yet. If you have been in contact with a Candidate beforehand, you must provide clear evidence in writing of the interaction between you or your headhunting agencies and the Candidate. Sompani will have the right to finally determine whether a Referral reward is owed due to a successful hire or not.
- Property rights and intellectual property rights
6.1. “Sompani” is a registered trademark in the Federal Republic of Germany (Deutsches Patent- und Markenamt) that is owned and used by us and may not be used, copied, reproduced or transmitted by you without the explicit consent of the owner of this trademark.
6.2. Sompani is the exclusive owner or the licensee of all intellectual property rights, whether or not registered; technology; trade secrets; know-how; software (whether in source code or object code); company names; product names; images and graphics; design; layout; pricing policies; strategies; or other content and materials published on our website.
6.3. Since the content on our website is subject to intellectual property rights protection, such as copyright law and other applicable laws of the Federal Republic of Germany, Sompani reserves all its rights. Therefore the User explicitly agree not the infringe these intellectual property rights and to abide the following principles:
– Information on this website, including but not limited to illustrations, photographs, video or audio sequences or any graphics may not be copied or used without our prior written consent, unless authorised by law under the exception for personal use;
– Our status and that of any identified contributors/advertisers (partners our third parties) as the authors of content on our website must always be acknowledged. In this regard we advise you to carefully read those partners or third parties policy on how to use/demonstrate their intellectual property on their website;
– You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from our licensors or us.
– In the event you print off, copy or download any part of our website in violation of these Terms and conditions, your right to use our website will cease immediately and you must, at our request, return or destroy any copies of the materials you have made;
– Any potentially infringing content can be brought to support@sompani.de.
- Disclaimer – Limitation of liability – no guarantee
7.1. Sompani merely assumes an obligation of means and no obligation of result in that respect. Despite the continuous care taken on and attention paid by Sompani to the content on its website and composition of its Services, Sompani does not offer any guarantee regarding the exhaustiveness, correctness or reliability of the information obtained through the online Sompani platform and it is not liable for this. Sompani will not be responsible, or liable to any User or third party, for the content or accuracy of any content posted by its Users on the website.
Sompani introduces through an online Sompani platform a number of Candidates to the Sompani User account, which in his turn makes the final selection. Sompani cannot guarantee the quality of the Candidates, and therefore explicitly exclude any liability whatsoever for the final choice by the User.
Sompani is not liable for any consequential loss arising from posted assignments, including but not limited to loss of time, viruses, emotional damage, loss of chance, data loss, loss of profit, loss of revenue, legal costs and/or lawyer’s fees.
7.2. Sompani is not liable either for the damage caused by the User- Candidate in his capacity of worker to the User-Recruiter during and as a result of his recruitment at the User-Recruiter.
7.3. Sompani is not liable for any possible damage, including but not limited to direct, indirect or consequential damages, loss of profit or any delay in the execution or the non-execution of our commitments as described in our Terms and Conditions as a result of events beyond our normal control. In the exceptional event that Sompani would be held liable, that liability is limited to the amount of the assignments carried out and paid by the User through online Sompani platform within the timeframe of one calendar year prior to the loss and anyhow to an absolute maximum of EUR 500 per calendar year for all losses together, and only upon proof of written records by the claimant of its actual loss.
7.4. Users explicitly agree that Sompani is not liable for any loss of or damage caused to smartphone, tablet, computer, data or computer and telecommunication systems as a result of the use of the online Sompani platform.
- Termination
8.1. Each User may hide/delete its Sompani Account. Hiding account means that any User may hide his/her account from showing in the search results. Reactivation is possible. Deleting account implies that the account will be removed permanently. In this event no reactivation is possible. Please follow the instructions on the website on how to terminate or delete your account.
Both hiding and deleting accounts is settled via e-mail to support@sompani.de. A termination will only occur after written confirmation by Sompani. Please take into account the notice period as specified in the written confirmation by Sompani.
8.2. The Users explicitly agree that any termination does not mean any waiver or liberation of any prior contractual obligations under these Terms and conditions. In particular, payment obligations will survive as specified in the individual confirmation email.
8.3. Sompani reserves the right to terminate any relationship with a User or Candidate at any time for any reason at its sole discretion. Sompani will not have any liability to any User for any termination.
- Protection of personal data and our use of cookies
Sompani is committed to protecting and respecting your privacy. Sompani commits to respect the Laws Of Germany, concerning the protection of the private life in relation to the processing of personal data and intends to comply with the upcoming European General Data Protection Regulation (Reg. 2016/679) as of its date of application.
The User has the right to obtain access to his personal data, to correct his personal data and to oppose to the processing of its data. With regard to direct marketing each User has the right to oppose, without any cost, against our use of your personal data by sending a request by e-mail to support@sompani.de accompanied by a copy of your identity card or by mail to the following address:
Sompani UG (haftungsbeschränkt)
Krügerstrasse 19
c/o Artjom Simon
10439 Berlin
Germany
With regard to the processing of personal data and cookies we advice you to carefully read our Privacy and cookies policy.
- Availability and technical systems requirements
10.1. In order to use the Sompani online platform, the User must have a compatible mobile phone, internet access and the necessary software requirements.
Software requirements means: Android operating system version 4.1 or higher and IOS operating system 8 or higher.
The requirements may over time be upgraded to offer support for new functions and services.
10.2. Although Sompani makes all reasonable efforts to avoid this, it is not reliable for any technical issues such as malfunctions, interruptions or problems with electronic supply of its Services. Sompani cannot guarantee that faults are repaired at any time, or that the platform or the server it uses is free from viruses or other contagious and/or harmful files.
Sompani is in no way liable for any financial or other compensation.
10.3. Sompani is at any time, starting immediately and without any motivation, entitled to (temporarily) limit, suspend or terminate one or more Services, temporarily or permanently terminate and/or delete the Sompani User account, delete user content and issue warnings, in particular if the users’ actions are in conflict with these Terms and conditions or if Sompani deems that actions by Users may harm the User himself, other Users, third parties, Sompani or the Sompani online platform. Sompani will in no way be liable for this.
- Hyperlinks
No link may be created from any website which may harm Sompani or the Sompani online platform. This means websites that are in conflict with the legislation, websites with unethical content, …
This ban applies to any form or technique of connection in which the name, address or any other element pertaining to Sompani, is included or shown on another website or application that harms Sompani or which refers internet users from this website or application to Sompani.
Sompani is not liable for any possible damage for hyperlinks to the online Sompani platform originating from other applications or websites allowing direct access to our website.
- Complaints procedure
In the event that a User, Candidate or third party deems to have found forbidden content or a violation of the code of conduct and usage rules, he/she may send a motivated e-mail to Sompani on the following address: support@sompani.de. Sompani will take all complaints seriously and will investigate them.
Sompani may intervene in disputes between Users and is entitled to delete any content, if this content is in conflict with these Terms and conditions or if the content is harmful to any or all Users, Sompani, or a third party. When judging, Sompani is discretionarily competent and will always have the final say.
- Severability
If one or several provisions of these Terms and conditions are declared void, this shall not affect the validity of the remaining provisions of these Terms and conditions. Void provisions shall be substituted by provisions, which are valid and which most closely correspond to the aim and purpose of these Terms and conditions, including the void provisions. No waiver of its rights.
- Transfer
Sompani is entitled to transfer all or part of its contractual rights and duties to a third party, without needing the User’s or the Candidate’s consent and without any possibility for this User or Candidate to claim compensation related to this assignment.
- Applicable law and competence
The use of the Sompani online platform and the Services are subjected to German jurisdiction and shall be governed by and construed under the laws of Germany. Any possible dispute, claim procedure, arising from or incident to these Terms and conditions pertain to the exclusive jurisdiction of the Courts of the judicial district of Berlin.
- Contact details
Our contact information:
Sompani UG (haftungsbeschränkt)
Krügerstrasse 19
c/o Artjom Simon
10439 Berlin
Germany
Mail: info@sompani.com
Please be advised that you can also visit our Contact Sompani page.
Your Sompani Team