Terms of Service

General Terms and Conditions of Belancer.com Project of Hypertag Solutions Ltd concerning the use of the freelance platform Belancer Stand: 12.03.2015 concerning the use of the freelance platform BelancerStand: 12.03.2015

Welcome to Belancer ! Welcome to Belancer ! Belancer is an online platform for high-quality services operated by Belancer.com , Project of Hypertag Global LLC , 14037 NE 181ST ST APT C305, Woodinvilla, WA 98072, Phone 1213-825-1158, Fax: 1213-261-9884, email: hello@belancer.com Hypertag Solutions Ltd, Haque Chamber ( Level-9) , 89/2 West Panthapath, Dhaka-1205, Bangladesh ,Phone:+880 2 910 3279 Mobile: +880 17603 555 55 Email: hello@belancer.comBelancer enables demanders (hereinafter referred to as "clients“) and contractors (hereinafter referred to as "contractors" or “service providers", and collectively with the clients as "users") of services ("projects") to negotiate projects and to enter a cooperation in the scope of the concluded contracts ("service contracts"). Clients can post projects, compare contractors, manage projects and assess the contractors. Contractors can present themselves to the clients via a profile, view various projects, submit offers, negotiate conditions, manage projects and assess clients. Belancer Ltd. provides the users with an according platform. In addition, Belancer Ltd. offers clients the option of purchasing individual service packages directly from Belancer. These General Terms and Conditions ("TOS") are applicable to all contracts between users and Belancer.Belancer reserves the right to modify, to amend or to redraft the existing GTC at any time and without giving reasons. Users will be informed about modifications, amendments or redrafts of this GTC in sufficient time per e-mail (hereinafter referred to as "notice of change“). Should the user not object within two weeks of receiving the notice of change, the modified GTC are considered approved. The user will be reminded of this in the notice of change.
1. User contract
1.1 Object of the contractObject of this contract is the access to the online platform Belancer ("online platform") for the purposes as described in the preamble of the GTC, on which the users may present themselves and contact other users. Belancer creates, services and maintains the online platform, however does not itself act as an intermediary between the users. Services / applications of third parties (e.g. payment processing services), with whom a separate contractual relationship exists, are not object of this contract.1.2 Eligible usersClients in the sense of the preamble can exclusively be natural persons who have completed 18 years of age and are fully legally competent. If a natural person is not acting on his own behalf, he affirms to Belancer that he has been authorized or delegated to perform the particular action. Solely contractors, i.e. natural or legal persons or partnerships which have legal capacity, who are acting within the scope of their commercial or independent professional capacity when concluding a legal transaction, are considered to be contractors, and are eligible to conclude contracts with Belancer.1.3 Conclusion of contractThe contract with Belancer for the use of the online platform is concluded with the completion of the online registration process and use of the activation link in the verification e-mail sent to the user by Belancer (hereinafter referred to as “registration”). With his registration, the user attests that he is an eligible user as stipulated in § 1.2 of these GTC. Furthermore the user is obliged to make a truthful and complete declaration of the information requested for the registration. The user is required to provide a current e-mail address at all times, which also serves the communication between user and Belancer. In case of a modification of the recorded data subsequent to the registration, the user is required to change these in his account without delay. Following a successful registration, Belancer will provide the user with an account.1.4 Membership and feesAccess to the online platform is generally free of charge for users whereas additional services can be used against payment after a project offer has been submitted. The applicable fees for and the scope of the additional services will be displayed during the respective processing step when the project offer is prepared. For the contractors, Belancer offers various membership models, free of charge or paid, with respectively different ranges of functions and access rights. The respectively valid prices and scope of services can be viewed under . Upon conclusion of a service contract according to § 3 of these GTC, the service provider becomes liable to pay Belancer a service fee of a percentage of the total project value. Balncer´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 client and service provider.
2. Account and user profile
2.1 Account and user profileUpon a successful registration the user is provided with an account, within which he can create his own profile. Each user is limited to max. one account, resp. one user profile as client, and one account, resp. user profile as service provider. The account, resp. the user profile is protected by a user name and a password (hereinafter referred to as „login information“) which are determined during the registration process. The user must ensure that his login information is not accessible to third parties. In case of loss of the login information, or in case of suspicion that a third party has knowledge of the information or is making use of the user´s account, the user is obliged to inform Belancer about this immediately and to change his login information.2.2 Account and user profile information and updatingThe user ensures that the information provided during the creation of the account, resp. the user profile, is accurate and complete. The user is obliged to promptly reflect all modifications of his account and profile data on his account, resp. user profile on the online platform.2.3 Binding user account and profileThe account, resp. the user profile is bound to the user and cannot be transferred to a third party without the explicit approval by Belancer.2.4 Data protectionThe user is obliged to back up all data (i.e. profile data, project descriptions, bids etc.) which he uses in connection with Belancer on a daily basis, to the necessary extent.
3. Service contracts
3.1 Contract partiesThe creation and negotiation of projects, the related contract conclusion and contractual performance are solely responsibility of the participating users. The users are also solely responsible for ensuring that the projects and the conclusion of the contract comply with German law as well as the law of the respective user; the service provider is especially required to instruct the client accordingly. The users will negotiate their projects independently among themselves. Belancer will provide the users solely with the necessary infrastructure, but shall not act as representative or agent of a user, and shall not become a party to a service contract concluded between the client and the service provider.3.2 Formation of service contractsA service contract is concluded when the client submits a non-binding project request upon which the service provider can submit his initial, likewise non-binding bid. The client subsequently sends the service provider a binding offer, communicated to the service provider via the button „Confirm selection”. The service provider will be automatically informed about the submission of the binding offer, and can then accept the project via the button “Accept terms”. The client is informed about the acceptance of the project, and hereby a service contract between client and service provider is concluded.3.3 Content of the service contractsThe users are free in the structuring of the service contracts; however the content of the service contracts may not contradict these GTC, the German laws or the legislation the respective user may be subject to. The conduct of the users during their contractual performance also affects Belancer´s reputation. Therefore the users are also obliged toward Belancer to adhere to and correctly fulfill the service contract. This means, in particular, the strict observance of any confidentiality agreements unless explicitly agreed otherwise by the parties of the service contract.
4. Belancer products
4.1 Contents and scopeAs an alternative to the service contracts described under § 3 of this GTC, the client can purchase individual service packages put together by Belancer (“Belancer products”) via the online platform.The content and scope of the Belancer products as well as the particulars of the services to be rendered hereunder (“Belancer product-services”) and the charges to be paid by the client (“charges”) are determined according to the product description published for the respective Belancer product on the online platform by Belancer.Belancer may use service providers as subcontractors for the creation of Belancer products and the performance of theBelancer product-services. Belancer will present the client with a pre-selected list of service providers, who are prepared to perform the Belancer product-services as Belancer subcontractors for the client. The client may choose his preferred service provider from such a list and order the Belancer product from Belancer via the online platform. Should the preferred service provider not be available, Belancer will, however, give the client the option of choosing an alternative service provider from the pre-selected list. The client is not entitled to request the Belancer product-services to be performed by his preferred service provider.4.2 Conclusion of Belancer product-contractsIf the client orders a Belancer product via the online platform, this shall constitute an offer to Belancer to conclude a contract for the performance of the Belancer product-services described herein (“Belancer product-contract”). Belancer will confirm receipt of the order to the client via email immediately and check the availability of the client’s preferred service provider or an alternative service provider. The confirmation of receipt of the order shall not constitute acceptance of the client’s offer, but is merely designed to inform the client that Belancer has received his order. The Belancer product-contract is first concluded when Belancer confirms the conclusion of the Belancer product-contract to the client via a further email and informs him of the service provider who will provide the Belancer product-services as Belancer’s subcontractor.4.3 Charges and performance of serviceThe charges payable to Belancer by the client are due with the conclusion of the Belancer product-contract. The service shall only be performed following expiry of the withdrawal period according to the client’s potential statutory withdrawal rights, unless the client expressly requests Belancer to commence the performance of the service prior to the expiry of the withdrawal period.4.4 Liability and applicable lawBelancer’s liability under theBelancer product-contract is determined in accordance with § 13.2 of these GTC. § 14.2 of these GTC shall apply with regards to the applicable law.
5. Cancellation right of the consumer
Provided the user is a consumer within the meaning of § 13 BGB , and has respected the terms of § 1.2. and 1.3. during the registration, following cancellation right is valid:Right of withdrawalYou have the right to withdraw from this contract within 14 days without giving any reason. The term begins with receipt of this written policy, however no earlier than the conclusion of contract and no earlier than the fulfillment of our information obligation pursuant article 246 § 2 EGBGB (Introductory Act to the Bangladesh Civil Code) in conjunction with § 1 art. 1 and 2 of this terms of service, as well as our obligations according to § 312g art. 1 clause 1 BGB in conjunction with article 246 § 3 EGBGB. To exercise the right of withdrawal, you must inform usBelancer International Office:Hypertag Global LLC 14037 NE 181ST ST APT C305Woodinvilla, WA 98072Phone 1213-825-1158Fax: 1213-261-9884email: hello@belancer.comLocal Office:Hypertag Solutions LtdHaque Chamber ( Level-9)89/2 West Panthapath,Dhaka-1205, BangladeshPhone: +880 2 910 3279Mobile: +880 17603 555 55Email: hello@belancer.comBelancer R&D Office:House-B/183 Road- 21Mohakhali DOHSDhaka-1206, Bangladesh Email: hello@belancer.comof your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Effects of withdrawalIf you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.Termination of the right to withdrawThe consumer hereby agrees that the provider commences work prior to the 14 day right of withdrawal period, and therefore acknowledges that the right to terminate the agreement is relinquished at the point of purchase.The right of withdrawal as per the § 312 g II BGB is not applicable to contracts regarding the delivery of made-to-order goods involving personalized production, that are not prefabricated.End of statutory information on right of withdrawal
6. Use of the online platform – in general
6.1 General obligation to comply with legal requirementsUsers can utilize various services when using the online-platform. This includes, for example, sending messages to other users and posting their own contents, especially contents concerning projects and service contracts (i.e. pictures, texts…). The user undertakes to comply with these GTC 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 this platform.This also signifies in particular that the user may not send messages with advertising content (especially spam-messages) without the consent of the recipient. In the event that the contents posted by the user contains hyperlinks to pages of third parties, the user shall ensure that he has the authorization to use the hyperlinks and that the website to which the link is established complies with applicable laws and the right of third parties in the context of clause 3.6.2 Interdiction of fake offers and bidsBelancer is dependent on the fact that solely genuine bids and offers are posted. Therefore it is prohibited to users to post offers or bids whose fulfillment has never been intended as supposed clients or supposed contractors.6.3 Recommendation functionIf the user informs third parties about Belancer’s existence via the recommendation function available on the online platform, the user shall ensure that the third party has consented to the receipt of the information.6.4 Assessment functionBelancer provides an assessment system on the online platform via which users can express their opinion about other users with whom they have carried out a project. Users are obliged to issue a truthful assessment, expressed in a balanced and objective manner. Belancer has the right, but is not obliged, to delete assessment entries. A general survey of the assessments is not made.6.5 Blocking and deleting contentsBelancer is authorized to block the access to or delete certain contents at any given time. This is particularly applicable in case of suspected violation of the GTC, applicable laws or rights of third parties, or if projects are completely finalized.6.6 Prohibition of technical interferenceThe user must abstain from all actions which are suited to manipulate, impair and / or excessively strain the operation of the online platform or the underlying technical infrastructure and its functions / access possibilities. In particular these include:
  • the use of software, viruses, robots, scripts or databases in connection with the use of the online platform;
  • blocking, overwriting, modifying, copying of data and / or other contents, insofar as that it is not necessary for the correct use of the online platform.
6.7 CommunicationThe current contact information for Belancer is available on the platform. The information provided in the profile is considered as contact information of the user. Any declaration transmitted to these contact details per fax or e-mail is considered received upon sending, via post three days after sending, unless a later reception can be proved.The user acknowledges the effectiveness of declarations sent via e-mail between himself and Belancer, or himself and other users as being absolutely effective declarations of intent. Unless evidence to the contrary is produced, a received e-mail is considered to be from the person whom the address belongs to.
7. Granting of Rights
7.1 Granting of rightsThe user grants Belancer a non-exclusive right of use without restrictions of time and space of posted contents. Belancer is entitled at any given time to use and exploit the contents entirely or in parts within the scope of the fulfillment of the service contract. Belancer is particularly entitled to represent and publish the contents posted by the user on the online platform. Furthermore, this includes the right of reproduction, the right of distribution, the right of communication to the public and the right to make publicly available.7.2 Guarantee of proprietorshipThe user guarantees that he is the proprietor of all rights necessary for posting contents on the online-platform, and that he is fully entitled to effectively grant Belancer the rights as named in § 7.1. The user guarantees furthermore that the contents are unencumbered by third party rights, which could exclude the granting of rights and their use as covered by the contract. The user guarantees that the use of the contents according to contract does not violate any rights, especially personal rights of third parties, in particular that any represented persons agree with the contractual use of the contents.7.3 Exemption from third party claimsOn Belancer´s first demand, the user shall release Belancer from all third-party claims, in particular claims concerning violations of copyrights, competition law, brand infringement, data protection breach and violation of personality which may be raised by the user in connection with the use of the online platform. The user must inform Belancer immediately of third party claims in connection with the use of the online platform that he may become aware of. Belancer is entitled to take such measures as seem appropriate for the defense against third party claims or for the pursuit of their rights. The user must agree with Belancer concerning his own measures in advance. The exemption also includes the compensation of reasonable costs which have incurred due to the pursuit of rights / defense of rights by Belancer.7.4 Rights to the online platformAll rights to the online platform (especially copyrights) reside with Belancer. The user is obliged to consider this, and undertakes not to use – privately or commercially – any parts of the platform or other contents whatsoever beyond the possibilities granted to himself within the context of the use of the online platform. This particularly means that the users will not use data and information achieved via the online platform beyond the communication in the context of an existing project or the payment of a completed project. It is especially prohibited to use such information for advertisement, unsolicited e-mails or other non-authorized purposes.
8. Billing and payment terms, BelancerCredits
8.1 Electronic invoicesInvoices are issued electronically in English language and made available in the user´s account as well as sent to the user´s e-mail address registered in his account. The user is entitled to send a request to invoice@Belancer.com, and demand the German translation of the general Belancer invoice template. Furthermore, contractors based in Germany have the right to request by e-mail, directed to invoice@belancer.com, stating user name, invoice number and complete address that an invoice is sent to them by post within 6 months after issue of the invoice.8.2 Payment termsa) The due date of fees or charges is stated in the respective invoice. Unless otherwise stated, invoices are due for payment immediately.b) The user can pay the fees or charges per direct debit, credit card, online payment processes, cash in advance or by withdrawal from its Belancer-Wallet (see below) if it holds sufficient funds. Belancer reserves the right to exclude certain payment methods in particular cases.c) If the contractor uses Belancer-Wallet and the wallet holds sufficient funds, Belancer shall be entitled to withdraw all invoiced and due fees, which have not been paid, directly from the contractor’s Belancer-Wallet without prior notice.d) The user can also issue a SEPA basic mandate / SEPA company mandate. The pre-notification term is at least 1 day before debiting of the account. The user assures to maintain adequate funds in the account. Costs which may occur due to non-transfer of the amount debited or back transfer are to be paid by the user unless the non-transfer or back transfer is caused by Belancer.e) In the case of charge backs caused by, for example, insufficient credit card limit or coverage, a fee of 50BDT becomes due for the coverage of the incurred cancellation costs. This amount, together with the remaining due amount, is due for immediate payment. The user has the right to bring forward proof that no such damage occurred, or that the damage was significantly lower.f) In order to submit bids for projects, the contractors (depending on the respective membership) need to have Belancer Credits. A contractor can upload its Belancer Credit account by prepayment. Should there not be enough Belancer Credits (depending on the respective membership), a contractor will not be able to submit bids for projects any longer. Belancer enables the contractor to check the balance account. The balance statement is non-binding. The information on the account balance does not establish an independent claim of the contractor.8.3 Interest for default and reminder feesIf payments are overdue, Belancer reserves the right to charge interest in the amount of 5 percentage point p.a. above the annual base interest rate or, if the local legal limit is lower, the lower percentage rate. Belancer charges a reminder fee of 25 BDT for every justified reminder.
9. Belancer safePay
9.1 External payment service provider, additional contract termsBelancer is entitled to employ external contractors for the handling of the payment transaction, and, should the client decide to make a payment via theBelancer SafePay service which is available on the website, to manage the project amount paid by the user in an escrow account. If the users arrange for the payment processing to be made viaBelancer SafePay, the users will additionally be bound by the terms and conditions of the external payment service provider Leetchi Corp, S.A., 14 rue Aldringen, L-1118 Luxembourg.The payment service provider Leetchi Corp, S.A. will become contracting partner of the user in connection with any payment processing made viaBelancer SafePay. The user will be notified thereof separately when selecting this payment method.9.2 safePay-Walleta) Within BelancersafePay, a digital wallet (safePay-Wallet) will be assigned to every project, on which the client can deposit the project sum – or parts thereof –. Making a deposit will be possible at any time. The safePay-Wallet is an e-money account which is held by SSL LTD , Dhaka. The client undertakes not to have any deposited amounts being reversed. Overpayments will be credited to the client at the end of the project to the payment source used to make the deposit.b) It is not possible to pay the project sum directly to the contractor’s Belancer-Wallet (see § 8.3) under circumvention of making a deposit to the safePay-Wallet assigned to the respective project.9.3 Belancer WalletEvery contractor receives its own personal digital wallet (Belancer-Wallet), from which the contractor can, if it holds funds, initiate payments to the bank account specified by the contractor. The Belancer-Wallet is an e-money account held by SSL LTD, Dhaka.9.4 Transferring the project sum from the safePay-Wallet to the Belancer-Walleta) The project sum will be transferred from the escrow account (safePay-Wallet) to the personal wallet of the contractor (Belancer-Wallet) only if the client has either initiated a part payment to the contractor by pressing the button “Release funds” or marked the project as completed by pressing button “Complete and release funds”. If the project has been marked as completed, the remaining project sum – after deduction of the fees that are due for payment pursuant to § 8.2 lit. c) (if any) – will be transferred to the Belancer-Wallet of the contractor. The project sum will also be transferred from the escrow account (safePay-Wallet) to the personal wallet of the contractor (Belancer-Wallet) if the client, in case of a completion request made by the contractor, has confirmed the completion on the online platform by pressing the button „Complete and release funds”. Should the client confirmation be missing, and should the client not object to the termination query of the contractor by pressing the button „Decline“, the project sum will be transferred to the personal wallet of the contractor (Belancer-Wallet) automatically at the end of 30 days after the completion request has been made.b) The fees pursuant to § 8.2 lit. c) will not be deducted from the project sum if the fees have already been transferred by using one of the payment methods mentioned in § 8.2 lit b) and were received by Belancer or if the Belancer-Wallet of the contractor still holds sufficient funds, which are used to pay the fees. Belancer enables the contractor to check the balance amount of its Belancer-Wallet. The balance information is non-binding, and does not establish an independent claim of the contractor.c) In the event that a dispute occurs between the contractor and the client in connection with the payment processing, both parties may terminate the project (Status “TERMINATED”) or submit a conflict (“FINISH_UNCLEAR). In both cases, the Belancer support will be engaged to resolve the conflict. The Belancer support will contact both sides and try to reach a mutual solution. If there is a written settlement between both parties, Belancer shall be entitled to transfer the deposited sum, fully or in part, to the Belancer-Wallet of the contractor or to re-transfer the deposited sum, fully or in part, to the client. Refunds are solely made via the payment method that the client had used for the deposit.d) Upon approval of the payout, as described in this section, the client will be released from its obligation to pay remuneration to the contractor and the risk of loss shall pass to the contractor.e) The client shall be entitled to request a refund of funds deposited to the safePay Wallet in the following cases:
  • Refund of overpaid amounts: The client has, in connection with a project with a contractor, deposited an amount that exceeds the remuneration owed.
  • Refund with the contractor’s consent: The contractor consents to a repayment of the full or partial remuneration amount to the client (e.g., if the parties have settled a conflict pursuant to § 9.4 lit c).
  • Insolvency of contractor: (a) An application for the opening of insolvency proceedings against the assets of the contractor, or parts thereof, has been filed (§ 102 of the Insolvency Act) and such application has not been filed by the client or (b) insolvency proceedings against the assets of the contractor, or parts thereof, have been opened or have been rejected due to a lack of insolvency assets irrespective of whether the client has filed the application for the opening of insolvency proceedings.
  • Termination of business operations: The contractor terminates its business operations or the contractor’s business ceases its operations due to a judicial or administrative order, in particular in the event of a deletion of the contractor’s corporate name by the commercial register or a court.
f) In order to submit bids for projects, the contractors (depending on the respective membership) need to have Belancer Credits. A contractor can upload its Belancer Credit account by prepayment. Should there not be enough Belancer Credits (depending on the respective membership), a contractor will not be able to submit bids for projects any longer. Belancer enables the contractor to check the balance account. The balance statement is non-binding. The information on the account balance does not establish an independent claim of the contractor.
10. Anti-circumvention provision, exclusivity
10.1 Circumvention of BelancerIf a client posts a project on the online platform, both service provider and client are obliged to conclude a service contract concerning this project via the online platform. The user undertakes not to carry out any project by circumventing the online platform or paying the service fee as stated in § 1.3. The declaration of a lower contractual volume with the intention of lowering the service fee is also considered a contract-breaching circumvention.10.2 Requests of circumventionShould another user request a formation of contract in breach of the regulation of the previous paragraph, such a request must be declined and the correct contract formation via the platform be pointed out. Users are urged to inform belancer immediately of such request by e-mail to violation@belancer.com.10.3 Publication of contact information in inadmissible placesIn the event that the users have initiated their business connection or concluded a service contract via the online-platform, Belancer will charge a percentage as service fee of the project value on any follow-up projects between the same users during a period of 12 months following the initial contract. The users undertake to exclusively conclude any follow-up service contracts during this period via the online platform. Should the users not have access to the online platform during this period, e.g. because one user has terminated this contract, they undertake to inform Belancer immediately of the (follow-up) service-contract with declaration of the project value.10.4 ExclusivityIn the event that the users have initiated their business connection or concluded a service contract via the online-platform, Belancer will charge a percentage as service fee of the project value on any follow-up projects between the same users during a period of 12 months following the initial contract. The users undertake to exclusively conclude any follow-up service contracts during this period via the online platform. Should the users not have access to the online platform during this period, e.g. because one user has terminated this contract, they undertake to inform Belancer immediately of the (follow-up) service-contract with declaration of the project value.
11. Contract duration / Termination
11.1 Contract duration and notice periodThe duration of the user contract depends on the particular type of membership elected by the service provider. These can be viewed under. The user contract will be automatically extended by the particular term of the membership unless it is terminated in proper form with a notice period of 4 weeks before contract end.11.2 Termination optionsA termination must be made in writing, can be sent by e-mail or fax and is to be directed to the following addresses:Belnacer Ltd, Mohakhali DOHS, Road 17 House 238 . Dhaka-1206 ,BangladseshFax: +880 1 1 100 Email: support@belancer.comFurthermore a termination of contract via the button „Downgrade “ in the user account is possible.11.3 Modification of the membershipContractors can modify the type of membershipAn upgrade into a membership model with a wider function scope is possible at all times and will be validated at the latest by 24:00 hours of the next working day. A return of the credit balance, or a credit note for not-used fees is not possible.A downgrade into a membership model with a lesser function scope is only possible at the end of the regular contract term of the current membership, under observance of the ordinary notice period as stated in § Fee and price modifications by BelancerIn the case that Belancer adjusts fee or prices for various types of membership , contractors affected by the adjustment will be automatically reset to the level with the lowest function scope at the end of their contract term, so that they can then immediately modify their membership.11.5 Extraordinary terminationBoth, Belancer and the other users, have the right to terminate the contract extraordinarily for good cause. For Belancer there shall be good cause to terminate the contract in particular if, within the first 10 days after contract conclusion, Belancer becomes entitled to claim a lump-sum damage payment according to §12, if the user does not meet the due remuneration claims despite reminder and / or sustainably violates his obligations according to §§ 2.3, 3.2, 6.1, 6.3, 6.4 and/or 6.6 of these GTC. In these cases, Belancer also becomes entitled to block the user´s access to the platform without terminating the contract.11.6 Consequences of a contract terminationAfter terminating a contract, the user no longer has access to his account, resp. his profile, and can no longer view information, messages, files or other contents posted on the platform. Belancer has the right to delete contents. Belancer has the right to inform other users about the termination of contract with that user. The user is prohibited from re-registering on Belancer after an extraordinary termination or blocking by Belancer according to § 11.5. The regulations of § 10 remain unaffected by a contract termination.
12. Consequences of infringement by user
12.1 Lump-sum damage paymentIn case of specific infringements as defined in § 11.5 of these GTC, the concerned user (joint debtor in case of several users) is obliged to pay a lump-sum damage, unless the user is not responsible for the violation in question. Belancer´s right of claim for damages beyond these remains unaffected. Users are allowed to provide proof that no damage has occurred, or has occurred in a significantly lower extent.12.2 Amount of the lump-sum paymentThe amount of the lump-sum according to § 12.1 amounts to the triple of the service fee as calculated according to § 1.4 if the user infringes the circumvention prohibition of § 10.1 – 10.3. In the event that the user is a consumer, the lump-sum as per sentence 1 is reduced to the amount of the service fee. The price / budget notion of the client is decisive for the amount of the service fee, or, if higher, the highest bid entered for the project.The lump-sum according to § 12.1 amounts to 5000 BDT if the user infringes the following:
  • Prohibition to make fake offers and bids according to § 6.2.
  • Prohibition of re-registering after termination, resp. blocking by Belancer according to § 10, 11.6.
  • prohibition to create more than one account as client and / or service provider according to § 2.1
13. Warranty and liability
13.1 AvailabilityIt is Belancer´s endeavor to provide the failure free operation of the online platform and enable users to access the stored information. Naturally, this is limited to services which Belancer can influence. The user acknowledges that a complete and uninterrupted availability of Belancer is technically not feasible. Nevertheless Belancer endeavors to keep the platform available as continuously as possible. There can be no claim to availability. In particular Belancer remains free to restrict the access to the online platform completely or partially, temporarily or permanently due to maintenance, capacity restrictions, and due to events beyond Belancer´s control. Individual users do not have any claim on the upkeep of certain functions and services by Belancer.13.2 Limitation of liabilityIn case of slight negligence, Belancer will only be liable in case of violation of contract-essential obligations (cardinal obligations), whereat the liability in this case is limited to the amount of contract-typical, foreseeable damage. Otherwise, the pre-contractual, contractual and extra-contractual liability of Belancer is limited to cases of intent and gross negligence, as well as to damages due to loss of life, bodily injury or damage to the health of a person. The liability for damages which occur despite undertaking a guarantee for the condition of the work, as well as the liability according to the German Product Liability Act remain unaffected. The limitation of liability also applies if the damage is the fault of an agent of Belancer.
14. Extra-judicial settlement
In case of legal problems arising in connection with a service contract, the user is obliged to send an appropriate claim / complaint justification to the service partner via the Belancer messaging center prior to initiating arbitration or court proceedings. The service contract partner is granted a 15 day period to state his opinion and resolve the conflict. Arbitration or court proceedings may only be initiated by the affected party after the expiration of this period. This clause is not valid if a consumer (according to §13 BGB (Bangladesh Civil Code)) is involved in the service contract.
15. Final provisions
15.1 Applicable time designationAll times, periods of time and terms are stated in South Asia Time, resp.15.2 Applicable law and court of jurisdictionThe laws of the People's Republic of Bangladesh, under exclusion of the ICT Sales Convention , shall apply. If the user is a merchant, the competent court for all disputes arising from or in relation with this contract is, irrespective of the legal grounds, the company headquarters of Belancer at the time of the contract conclusion.15.3 Contract transferBelancer has the right to transfer this contract with all rights and duties to a company of his choice. This transfer becomes effective after 28 days from communication to the user. With the transfer of this contract to another company, the user is granted an extraordinary termination right which must be enforced within 1 week of transfer communication.