twinwin is an offer by twinwin GmbH, c/o Bauermeister, Boddinstr. 24a, 12053 Berlin (hereinafter referred to as “twinwin”or “we”). The following General Terms and Conditions (hereinafter referred to as “T&Cs”) govern the business relationship between twinwin and its customers. Our offer is directed exclusively to companies and enterprises and not to consumers. twinwin offers its customers the services as described in these T&Cs as found at https://twinwin.org and uses these T&Cs to ensure the smooth provision of services in order to achieve a high level of customer satisfaction.
"Consumers" - are (according to § 13 German Civil Code) natural persons who use the service neither for commercial nor for independent professional activities.
"Companies" - Our service is directed exclusively at companies (i.e. business customers or enterprises) within the meaning of § 14 German Civil Code. As a result, the customer has no right of consumer revocation. A voluntary right of withdrawal is not granted to business customers.
"Customers" - are all persons who use the services of twinwin.
"User/Visitor" - means that one looks at the twinwin websites or uses services without registering or accepting an offer made. The term "user" means both a visitor and a customer.
"Expert Support" - means contacting our team of experts in the field of separation management by telephone or e-mail.
"Partner attorneys" - are all attorneys working in cooperation with twinwin who can be commissioned in the event that advice (legal advice) is required that goes beyond our services.
Scope of application
These T&Cs apply between us and our customers and regulate the business relationship independently of the customer's general terms and conditions, which are not applicable in this respect. Our service is directed exclusively to companies in the above-mentioned sense; consumer rights, in particular the consumer right of withdrawal, do not exist. In particular, the T&Cs regulate the rights and obligations associated with the services and necessary rights and obligations and, if applicable, further obligations of the customer to cooperate. By using the twinwin services you agree to this agreement, regardless of whether your motivation is private or commercial. You are only entitled to use the twinwin services if you comply with all applicable laws and agree to this agreement.
These T&Cs also regulate the cooperation with the lawyers affiliated with us, insofar as legal advice is required for the provision of the services within the meaning of the Legal Services Act (RDG). twinwin only provides the platform for the provision of services. Legal advice, if necessary, is provided by the lawyers affiliated with us.
Subject matter
The subject matter of the contract between the parties is the provisions made in the respective service descriptions and price lists or in special agreements concluded by means of an offer submitted, as well as the services of twinwin listed therein.
twinwin provides a platform at https://twinwin.org for employers who are looking for digital solutions in the context of separation processes and related issues of economic risk, separation discussions and communication, offboarding and corporate culture. The offer is aimed at companies and supports the customer in the independent review of employee dismissals and the creation of their documents through a software-supported separation process developed by HR and legal experts. This process is basically designed in such a way that the application does not require any special legal knowledge. An automated termination process cannot cover every single issue with its specific characteristics. For this reason, the client is advised to consult a lawyer or contact one of our partner lawyers if specific legal advice is required.
The customer is required to subject the economic risk generated and calculated on the basis of his input as well as other documents to a plausibility check in particular with regard to the intended use. For further advice on the separation process as such or for questions regarding the services provided by twinwin, the customer has the possibility to contact twinwin via e-mail or by telephone for expert support.
No legal advice / cooperation with partner lawyers
The documents, verification processes and the platform provided by twinwin do not yet represent advice on individual legal cases, but rather give the client the opportunity to understand the facts of the case and to make a general preliminary assessment based on previously defined criteria.
If, in addition, legal individual case assessments or legal advice is required or requested, this service is provided by one of our partner lawyers. The customer will be informed of this during the process, if this becomes necessary, and must confirm this. A separate client agreement must be concluded with the respective lawyer.
Conclusion of contract
The contract between twinwin and the customer comes into effect with the acceptance of an offer made by twinwin by means of an order confirmation and the confirmation of these T&Cs, but at the latest with the provision of services by twinwin.The customer waives the receipt of acceptance declaration by twinwin and we may refuse to conclude the contract or withdraw from concluded contracts for good cause, e.g. if there is a reasonable suspicion that you intend to misuse the services.
twinwin basic services
The twinwin basic services extend the content accessible to non-registered users or customers who do not accept an offer through the twinwin website to include additional services (e.g. certain contents of the twinwin best practices, sample documents).
twinwin evaluation calculator, tips and recommendations
The evaluation calculator allows the customer to manage the separation, in particular to save, delete and download the economic risk, instructions and documents generated by entering data over the entire period of the contract. The customer can receive document-related instructions and notifications or recommendations. Notices and notifications or recommendations do not claim to be complete and serve only as an aid to work; the customer remains in particular obliged to check any deadlines. The prerequisite for this within the framework of the automated separation process over the entire period of the contractual term is the conclusion of a contract by the customer by means of acceptance of the offer submitted by twinwin.
Access
The customer shall receive access to twinwin upon conclusion of the contract. Each account may only be used by the customer to whom the account has been assigned. The customer must keep the account data secret and take reasonable precautions to protect it from access by third parties. In the event of violation, twinwin reserves the right to block access.
Availability
twinwin provides the customer with twinwin 24 hours/day and 365 days/year at 99% annual average, but excluding maintenance work. As far as possible, twinwin shall inform the customer of planned maintenance work in good time. Such maintenance work shall take place in particular between 8 pm and 5 am.
IT requirements
To view/download the electronic content, a suitable terminal and access to the internet are required, in the case of subscriptions for the entire duration of the contract.
Rights of use
twinwin grants the customer a simple, non-exclusive right to use twinwin for the duration of the contract in the context of his commercial, independent or scientific activities for his own use. The customer may only use content which he has accessed, downloaded or received via e-mail from twinwin for his own use within the scope of his commercial, self-employed or scientific activities. The customer is permitted to download/print individual passages or chapters of the contents and to use them permanently beyond the term of the contract; the same applies to the documents created. Any use beyond this, in particular the systematic transfer and/or sale of contents or documents to third parties, is excluded.
Exchange of services and restrictions
twinwin is entitled to exchange or restrict sample documents and templates, content and functions in an appropriate manner, if the exchange or restriction is necessary for twinwin and reasonable taking into account the interests of the client. This is in particular the case if
If an exchange or restriction significantly restricts the customer in the use of content, legal documents and functions and if the customer is therefore no longer interested in the service, the customer may terminate the contract for the affected service without notice; the termination must be declared within six weeks of the occurrence of the change.
Support
twinwin maintains the platform during the entire contract period and will usually correct any errors by means of updates and bug fixes. For all technical and application-related questions, the customer can contact e-mail support
[email protected]
in the period from Monday - Friday from 10 am to 5 pm. Support can also be provided by remote maintenance. If the customer makes use of remote maintenance, he is obliged to close documents containing personal or otherwise confidential data in advance.
Pricing / invoicing
The pricing amount for twinwin services is based on the prices valid at the time of the conclusion of the contract and the booked package, which are noted in the respective offer submitted to the customer. All prices are in EURO excluding value added tax (if applicable). twinwin is entitled to send the invoice by e-mail. For this purpose, the customer must state his current e-mail address when placing an order and ensure that e-mail receipt is not prevented by technical blocks (spam filter).
Due date and method of payment
Unless otherwise agreed, invoices from twinwin shall become due upon granting access or download and shall be paid within ten days after receipt of the invoice net without any deductions. A direct debit shall be collected 10 days after the date of invoice. The customer agrees that the invoice may be sent by e-mail. The customer assures to provide for the coverage of the account. In the case of temporary contracts, the invoice is due at the beginning of the respective contract period, unless otherwise agreed.
Price adjustments
twinwin reserves the right to increase prices appropriately. In this case twinwin will inform the client accordingly at least four weeks in advance. If the increase is more than 5%, the customer shall have an extraordinary right of termination.
Offsetting and right of retention
Offsetting by the customer is excluded unless the counterclaim has been legally established, is ready for decision or undisputed or includes a claim for compensation for the costs of rectification of defects from the same contractual relationship. The client, if he is an entrepreneur, may only assert a right of retention against claims of twinwin if it is based on undisputed claims from the same contractual relationship that are ready for a decision or have been finally determined by a court of law, or if it relates to a claim for rectification of defects from the same contractual relationship.
Warranty law
The warranty for defects is based on the law, modified according to the following provisions.
Warranty
twinwin will maintain and update the platform twinwin with the care customary in the contract. twinwin does not guarantee the correctness, completeness and accuracy of the content, legal documents and other services. None of the twinwin services replaces a legal service within the meaning of the German Legal Services Act (RDG). The contents and legal documents are governed exclusively by the law of the Federal Republic of Germany.
Warranty period
The warranty period for companies is 12 months from the date of provision of the service, unless the defect was fraudulently concealed or relates to a quality guarantee.
Claims for damages
The customer shall only be entitled to claims for damages due to defects insofar as the liability of twinwin is not excluded or limited in accordance with the following provision.
Liability
twinwin is liable without limitation for intent and gross negligence. In the event of a slightly negligent breach of an obligation, the breach of which endangers the achievement of the purpose of the contract or the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer could rely (hereinafter: cardinal obligation), liability shall be limited to foreseeable damage typical of the contract. twinwin shall not be liable for slightly negligent breaches of secondary obligations which are not cardinal obligations.
Exclusion of liability in case of initial impossibility
For cases of initial impossibility, twinwin shall only be liable if it was aware of the impediment to performance or if its ignorance is based on gross negligence, provided that no cardinal obligation is affected.
Limitations of the exclusion of liability
The above exclusions of liability shall not apply in the event of fraudulent concealment of defects or in the event of the assumption of a guarantee or a procurement risk, for liability for claims based on the Product Liability Act and for physical injury (life, body, health). This does not imply a change in the burden of proof to the disadvantage of the customer.
Liability of representatives and vicarious agents
Insofar as the liability of twinwin is excluded or limited, this shall also apply to the personal liability of its employees, workers, staff, representatives and vicarious agents.
Limitation of actions
With the exception of claims in tort, the customer's claims for damages, for which liability is limited in accordance with this clause, shall become statute-barred after one year calculated from the start of the statutory limitation period.
Data protection
Our highest goal is data protection and data security! Therefore, we always strive to handle your personal data responsibly, as well as the data required for the use of the service (if applicable, data of employees). Your personal data provided for use and registration, as well as other personal data, will therefore only be collected, stored and processed by us to the extent necessary for the contractual provision of services and permitted by legal regulations. We will (re)process personal data confidentially and in accordance with the provisions of the European GDPR, the German Federal Data Protection Act and will not pass them on to third parties unless expressly agreed.
Passing on to lawyers for examination and advice:
If necessary for the provision of services, personal data may be passed on to the lawyers affiliated with us. In this case there is no so-called order processing according to Art. 28 GDPR. The lawyers are bound by professional law to secrecy and must take special precautions with regard to data protection and data security, so that the data is always safe.
For this service, we offer you a contract processing agreement in accordance with the requirements of Art. 28 GDPRR, which is attached to these T&Cs as an appendix. The responsibility for the conclusion of this contract lies with you as the person responsible for data processing.
You will find further detailed information in our data protection declaration.
Contract period
Contracts for the use of twinwin services are based on the customer's choice of whether to conclude a contract with a fixed term of one year or a one-off provision of services. If a contract with a fixed term of one year is concluded, the contract shall be extended by the period of the selected term (i.e. by one year) unless one party terminates the contract at the end of the term.
Termination for good cause
The right to termination without notice for good cause remains unaffected.
Partial terminations
Partial terminations, i.e. terminations of individual twinwin services are not permitted.
Form
Notices of termination must be made in text form.
Legal consequences
The cancelled twinwin services are no longer available to the customer. The customer shall ensure that any documents and/or other data acquired by him are stored elsewhere beforehand. The customer can request in writing to have his data deleted at any time.
Amendment of the T&Cs
twinwin reserves the right to amend these T&Cs at any time, insofar as this is necessary for valid reasons, in particular due to a change in the legal situation, technical changes or further developments, regulatory gaps in the T&Cs, changes in the market situation or other comparable reasons, and provided that this does not place the customer at an unreasonable disadvantage. The customer shall be notified of changes to the T&Cs in writing or by e-mail at least four weeks before they take effect. The amendments shall become effective if the customer does not object in writing or by e-mail within this period of four weeks and twinwin has informed the customer of this legal consequence in the notification of amendment. In the event of an objection, we reserve the right to terminate the user relationship. In each notification of change you will be informed separately of the consequences of the change and your right to object and/or terminate the contract.
Final provisions
All amendments, additions and cancellations of contractual agreements must be made in writing, as must the cancellation of the written form requirement, unless these terms and conditions of business provide for the text form.
Any set-off or right of retention may only be asserted against claims of twinwin with undisputed or legally established counterclaims.
German law shall apply to any disputes arising from these terms and conditions. The exclusive place of jurisdiction for all disputes arising from or in connection with these terms and conditions of business is Berlin.
Should individual provisions of these terms and conditions of business be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected. In such a case, the contracting parties undertake to replace the invalid provision by a valid provision that comes as close as possible to the economic purpose of the invalid provision. The same applies to any gaps in the agreements.
The law of the Federal Republic of Germany shall apply. The application of the UN Sales Convention is excluded.
Last updated: 16 September 2020
Data processing agreement according to Art. 28 GDPR
Customer as client
- hereinafter referred to as “Client” -
and
Twinwin GmbH
c/o Max Bauermeister
Boddinstr. 24a
12053 Berlin -
- hereinafter referred to as: “Contractor” -
The client (responsible for the processing) and the contractor conclude the following data processing agreement in accordance with Art. 28 GDPR. On the basis of the contractual relationship existing between the parties (main contract) the contractor processes personal data for the client. The resulting data protection rights and obligations of the parties are specified in this contract processing agreement.
The scope, nature and purpose of the processing of personal data are defined in the service contract concluded between the parties.
The contractor is granted access to the following personal data (by the client providing or allowing the contractor to access the data), or the client allows the contractor to collect the following personal data:
The data subjects of the data listed above are:
The contractor assures to have taken the following technical and organisational measures:
a) Access control
measures that physically prevent unauthorised persons from accessing IT systems and data processing equipment used to process personal data, as well as confidential files and data carriers.
Description of the access control system:
b) Access control
Measures to prevent unauthorised persons from processing or using data protected by data protection laws.
Description of the access control system:
c) Access control
measures to ensure that those authorised to use the data processing procedures can only access the personal data subject to their access authorisation, so that data cannot be read, copied, modified or removed without authorisation during processing, use and storage.
Description of the access control system:
d) Separation rule
Measures to ensure that data collected for different purposes are processed separately and kept separate from other data and systems in such a way as to prevent unplanned use of these data for other purposes.
Description of the separation control process:
e) Pseudonymisation
Measures that reduce the direct personal reference during the processing in such a way that only by consulting additional information is it possible to identify a specific data subject. The additional information must be kept separate from the pseudonym by means of suitable technical and organisational measures.
Description of the pseudonymisation procedure:
(a) Control of onward transmission
Measures to ensure that personal data cannot be read, copied, altered or removed by unauthorised persons during electronic transmission or during their transport or storage on data carriers, and measures to verify and establish to which bodies personal data are to be transmitted.
Description of the control of disclosure:
b) Input control
Measures to ensure that it is possible to verify and establish a posteriori whether and by whom personal data have been entered, modified or removed from computer systems.
Description of the input control process:
a) Availability control
Measures to ensure that personal data is protected against accidental destruction or loss.
Description of the availability control system:
b) Rapid recoverability
Measures to ensure the ability to rapidly restore the availability of and access to personal data in the event of a physical or technical incident.
Description of the measures:
Measures to ensure that processing is carried out in compliance with data protection and security requirements.
Description of the review procedures:
For the hosting of the data the service of Heroku is used. Heroku conducts regular audits and ensures compliance with PCI, HIPAA, ISO and SOC.
In this respect, reference is made to the following certifications and security concepts:
certifications:
Further information on certification and security here.