The ECDM Akademie (with limited liability), Büttgenerstraße 24, 41564 Kaarst („speakers.direct“) operates the booking/placement platform www.speakers.direct. ("Platform"). On this platform, businesses, associations and institutions (“Users“) can book speakers. Businesses, associations and institutions are clients who act independently and on their own account.
Speakers.direct itself does not offer any services, but only provides its users with bookings between users and speakers. In this context, speakers.direct is entitled to accept booking requests by the user on behalf of the speaker as a representative with power to contract and to confirm them after approval by the speaker. However, speakers.direct does not decide whether the speaker accepts the request of the user/client or not.
1. Scope of application, registration and use of www.speakers.direct
a. The following General Terms and Conditions (GTC) apply to the use of the platform www.speakers.direct ("Platform") and the contract concluded between the user and
ECDM Akademie GmbH
Büttgener Strasse 24
registered in the commercial register of the Düsseldorf Local Court under HRB 38513, represented by its managing director Torsten Fuhrberg as operator of the platform.
b. Principal activities of this company are the organisation of training seminars and lectures, the placement of lecturers and speakers as well as the provision of internet services (internet market place) and the provision of all connected services, such as the placement of contractors who provide these services. The sales tax identification number is: DE206225147. Please establish contact via the following email address: firstname.lastname@example.org.
d. The registration of a legal person or a non-incorporate firm as a user may only be carried out by a natural person as authorised representative. The person has to be specifically named. At the registration, only individual persons with name and surname can be used for the user profile. The profile data of the user must be provided truthfully and completely and must be kept up to date. The user can edit his profile at any time.
e. The created user profile may not be transferred to third parties. Every user can only register with one profile. Users are not entitled to create a profile. Speakers.direct reserves the right - without stating any reasons - to delete profiles and block the users access to the website and the profiles. A blocked user may not create a new profile, i.e. when the user violates the regulations of the GTC.
f. The website www.speakers.direct.com is not available for the commercial use of the user (re-bookings to third parties). Only the services mentioned in paragraph 2 are offered to the user free of charge by speakers.direct.
g. Speakers.direct may change or cancel functions of www.speakers.direct or add new functions at any time and without stating reasons, as well as allow the use of functions only under certain conditions.
h. It is strictly forbidden to advertise on www.speakers.direct for one's own or external services or internet services without permission of speakers.direct.
2. Subject of the contract
a. Speakers.direct offers its users the possibility to use the platform and to register with a profile on www.speakers.direct, in order to book a speaker.
b. On speakers.direct the user can send booking requests free of charge to speakers of his selected category and with the appropriate content. Speakers.direct does not guarantee its user a successful booking. Speakers.direct forwards a booking request from the user to appropriate speakers with whom speakers.direct cooperates. The requested speaker checks whether he wants to provide the service according to the booking request and decides autonomously whether to accept the request. The speaker is not subject to any instructions from speakers.direct when executing the service contract, but acts in his/her own capacity. In case the requested speaker declines the booking request, the user receives this information from speakers.direct. The user may then look for other suitable speakers. There is no limitation regarding further searches for a speaker.
c. Speakers.direct does not place employees in order to carry out a work assignment, but rather places self-employed speakers or speakers that are acting for the user by order of their employer. The user is under obligation neither to conclude a work contract with the by speakers.direct placed speaker, nor to conduct the service contract as an employment. Should speakers.direct become aware that a user and a speaker are concluding a work contract instead of a service contract for independent services or a service contract for the speakers employer, this gives grounds for an extraordinary termination without notice of the user contract as well as deleting the user profile.
d. The fulfilment of the obligations arising from the service contract (see GTC of the service contract) between user and speaker is not monitored by speakers.direct. The user undertakes to check himself whether the speaker duly fulfils his obligations arising from the service contract.
e. The user can appoint a favoured speaker. In order to do so, he ranks the speakers of his choice in order of priority in the respective form. Speakers.direct will consider the user's preferences for the placement and will try to provide the user with a service contract with his favoured speaker. However, the booking of the favoured speaker cannot be guaranteed, but is subject to the decision of the favoured speaker. If the favoured speaker does not accept the booking or cancel it, speakers.direct will try to find an alternative according to the wishes of the user.
f. If the agreed date of performance cannot be held, speakers.direct will assist the user in arranging an alternative date with the speaker. However, speakers.direct is not under any obligation to ensure success in this regard.
g. If a contract between the user and speaker is concluded, speakers.direct will be directly in charge of the further coordination of payment processing. However, speakers.direct itself does not accept any payments from the user.
h. A speaker that is already known to the user through the placement of speakers.direct, can continue to be contacted by the user via www.speakers.direct, but can also be contacted directly.
a. Users can leave reviews of the completed service on the platform.
b. Furthermore, the speakers may leave a review of the user booking them.
c. eviews must always be based on verifiable facts. Reviews shall be written matter-of-factly and meet the requirements of fairness and they must not contain any offensive, derogatory, criminally relevant or other unlawful content (e.g. the violation of industrial property rights of third parties). Reviews that violate against this regulation will not be published and accordingly deleted. Reviews always show statements of the author (user) and no comments made by speakers.direct. Speakers.direct will follow up on justified complaints and if necessary resolve the complaint.
d. The user as well as the service provider grant speakers.direct the rights of use of their review unrestricted in place and time and free of charge. Speakers.direct may freely dispose of the review and especially make further use of it for review services and where required pass reviews on to third parties and publish them.
e. Unjustified multiple reviews, self evaluations or other forms of trying to manipulate or distort the review system are strictly forbidden.
4. Liability of speakers.direct
b. Speakers.direct is liable according to the legal regulations in case of violation of contractual or non-contractual obligations. Speakers.direct is only liable for damages - no matter the legal reason - in case of intent and gross negligence. In cases of less than gross negligence speakers.direct is only liable for damages arising from the violation of life, body and health and for damages from the violation of an essential contractual obligation.
c. Pages of www.speakers.direct in part contain links to websites that are managed by third parties and whose contents might not be known to speakers.direct. The only purpose for links to other websites is to facilitate the navigation of the site. Speakers.direct does not assume responsibility for the contents of other websites. All links apart from the speakers' profiles are subject to a charge. Speakers.direct alone may decide whether to accept and where toplace a link. There is no entitlement to a linking.
5. Liability of the user
6. Notes on data protection
a. Speakers.direct collects, processes and uses the data of the user in compliance with statutory regulations ("Data privacy statement").
b. Speakers.direct will provide the user with an insight into his/her data in his/her user profile, including information about booked services, throughout the duration of the user contract, as well as providing the possibility to change the data. In order to do so, the user has to log in to the site with his/her email address and password.
c. The user hereby explicitly agrees that his/her phone number and email address may be passed on to the booked speaker for the coordination at short notice of the agreed orders.
7. Changes and duration of the user contract
a. Speakers.direct is entitled to change the user contract in compliance with the legal regulations. Such changes are deemed to be approved by the user and will become valid for existing user contracts if speakers.direct informs the user about the changes in writing and the user does not object within four weeks after receiving the notice. Possible changes always apply for the future.
b. The duration of the user contract is unlimited. The contract may be terminated by the user or by speakers.direct with a notice period of two weeks. The right to terminate for good cause remains unaffected. A termination of the user contract does not affect already concluded service contracts with speakers.
8. Establishing contact with users / quality management
The user agrees that speakers.direct may contact the user / service provider via email, phone or mail during the usage of the platform (active account) and up to 6 months after the account has been deactivated in order to ask about the user's satisfaction with the portal as well as to inform the user about amendments, additions, news and possible ongoing offers for cooperation.
9. Applicable law, Jurisdiction, Contractual language
a. German law applies to the user contract.
b. Contractual and negotiating language is German.
c. Düsseldorf is agreed on as the place of jurisdiction, provided that it can be agreed in a legally permissible manner.