Legal
Terms and conditions
These terms govern the use of the website qualishift.de and form the framework for services provided by CITO GmbH under the QualiShift brand.
This version is a draft
QualiShift is being built. The text below describes the intended framework and will be reviewed by legal counsel, and amended where necessary, before any contract is concluded. What governs a specific contractual relationship is always the version attached to the respective offer, together with the arrangements agreed there.
Section 1 Scope and contracting party
These terms apply to the use of the website qualishift.de and to contracts for services provided by CITO GmbH, Jungfrauenthal 8, 20149 Hamburg, Germany, under the QualiShift brand.
Our offering is directed exclusively at businesses within the meaning of section 14 of the German Civil Code, at legal entities under public law and at special funds under public law. Contracts with consumers are not envisaged.
Deviating, conflicting or supplementary terms of the customer do not become part of the contract unless we expressly agree to their application in text form.
Section 2 Use of the website
The content of this website serves to inform about our services. It does not constitute legal, tax or public funding advice and creates no claim to any particular scope of functionality.
We aim to keep the site available and current, but we owe no specific availability for freely accessible content. Maintenance, further development and technical faults may cause interruptions.
Automated evaluation, systematic extraction or re-use of the content beyond ordinary forms of use requires our prior consent in text form.
Section 3 Subject matter
The subject matter of a contract is the provision of the QualiShift application for use over the internet and, where agreed in the offer, setup, data preparation and support during the rollout.
Nature, extent, scope of services, term and fees follow from the respective offer and the annexes named in it. In case of conflict, the offer takes precedence over these terms.
QualiShift supports the analysis of qualification needs and the assignment of programmes. It replaces neither management decisions nor workforce planning, the involvement of employee representatives or legal review in an individual case. QualiShift is not a public funding platform; we do not assess eligibility and we do not file applications.
Section 4 Conclusion of contract
Presentations on this website are non-binding and do not constitute a binding offer.
A contract comes into effect through an offer issued by us and its acceptance by the customer, each in text form. Acceptance may also take place through the provision and use of access credentials where the parties have previously agreed on the essential points.
Side agreements, amendments and supplements require text form.
Section 5 Customer cooperation
Our services depend on the customer's cooperation. The customer provides the necessary information, contacts and access in good time and in a suitable form.
- Naming a responsible contact person and a deputy
- Providing the details on units, roles and initiatives required for the analysis
- Reviewing and approving intermediate results within a reasonable period
- Ensuring that transferring data to us is permissible under data protection law and that the participation rights of employee representatives are observed
- Managing access credentials securely and notifying us without delay if misuse is suspected
Section 6 Fees and payment
Fees follow from the respective offer. All prices are net and exclusive of statutory value added tax.
Unless otherwise agreed in the offer, invoices are due for payment without deduction within 14 days of receipt. Recurring fees are invoiced in advance for the agreed billing period.
Statutory rules apply in the event of late payment. Set-off is permitted only against undisputed or legally established claims.
Section 7 Rights of use
For the term of the contract, the customer receives a simple, non-exclusive, non-transferable right to use the application within the agreed scope for its own business purposes.
All rights in the software, in the classification models and in other works contributed by us remain with us or with the respective rights holders. Passing them to third parties, sublicensing and modification are not permitted without our consent in text form.
Data contributed by the customer, and the analyses created from it for the customer, remain attributed to the customer. We do not use customer data to train models for other customers.
Public standards referenced by the application are subject to the terms of their publishers. O*NET data is published under CC BY 4.0 and is used with attribution.
Section 8 Confidentiality
Both parties treat all confidential information of the other party as confidential, use it only for the purposes of the contract and do not make it accessible to third parties.
Confidential information includes in particular details of transformation initiatives, units, roles and headcounts, as well as all documents marked as confidential. The obligation continues beyond the end of the contract.
Excluded is information that is publicly known, was developed independently or has to be disclosed by law; in the latter case we inform the other party beforehand where this is permitted.
Section 9 Data protection and processing on instruction
Where we process personal data on behalf of the customer in the course of providing our services, the parties conclude a data processing agreement under Art. 28 GDPR before processing begins. The customer is the controller, we are the processor.
The customer is responsible for ensuring that it is permitted to transfer the data and that the required participation procedures, in particular under the German Works Constitution Act, have been carried out.
Our privacy policy applies in addition to processing on this website.
Section 10 Liability
We are liable without limitation in cases of intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee assumed.
In the event of slightly negligent breach of a material contractual obligation, meaning an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely, liability is limited to the foreseeable damage typical for this type of contract.
Liability is otherwise excluded. Liability for lost profit and for indirect damage is excluded to the extent permitted by law.
Results produced by the application are a basis for decisions. The customer is responsible for decisions it takes on that basis, in particular individual personnel measures.
Section 11 Term and termination
Term, renewal and notice periods follow from the offer. Where nothing is agreed, the term is twelve months from the provision of access credentials and renews by twelve months at a time unless terminated with three months' notice to the end of the term.
The right of both parties to terminate for cause remains unaffected. Notices of termination require text form.
After the contract ends, we return or delete the customer's data at the customer's choice, within an agreed period and with confirmation. Statutory retention obligations remain unaffected.
Section 12 Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is Hamburg, provided the customer is a merchant, a legal entity under public law or a special fund under public law.
Should any provision of these terms be or become invalid, the validity of the remaining provisions remains unaffected. The parties will replace the invalid provision with a valid one that comes closest to its economic purpose.