German version legally binding, see AGB.
§ 1 Scope
(1) The following General Terms and Conditions of Pitch Club AG, c/o TechQuartier, Platz der Einheit 2, 60327 Frankfurt/Main (hereinafter PCAG) apply to contracts for participation at the Pitch Club Developer Edition, which PCAG concludes with its clients when the contracting party is a company, a legal entity under public law or a special fund under public law.
(2) Insofar as specific conditions apply to individual services provided by PCAG, these shall be deemed to have been supplemented and shall apply in the event of deviations from the General Terms and Conditions.
(3) Conflicting terms and conditions of the customer shall only apply if and insofar as these are expressly acknowledged in writing by PCAG.
(4) Any side agreements, additions, changes and / or other deviations from these terms and conditions must be in written format in order to be valid.
(5) Amendments to these terms and conditions shall be reserved to a reasonable extent to the customer. The currently valid terms and conditions are available at www.pcde.io/agb (German version legally binding).
§ 2 Definition
The Pitch Club Developer Edition provides an event framework within which companies can present themselves to participating software developers. The purpose of this presentation (pitch) is to attract new employees among the particpating software developers.
§ 3 Registration
Registration takes place in writing, electronically or by telephone. The application is considered as accepted if the customer has received a written confirmation from PCAG.
§ 4 Participation fee
The participation fees from the respective offer apply as agreed. All prices are in Euro plus value added tax applicable. Upon receipt of the invoice, the participation fees are due immediately without any deduction.
§ 5 Benefits
(1) The successful registration for the event entitles the customer to participate at the respective Pitch Club Developer Edition as well as at the subsequent afterwork party.
(2) PCAG advertises with the client’s logo / company name on the PCAG website, the invitations and, furthermore, within the event summary of the particular edition.
(3) Customers have the opportunity to present themselves at the event by displaying information material and setting up a banner.
(4) Customers will receive a list of candidates and their contact details.
§ 6 Copyright and right of use
(1) PCAG is entitled to produce photographic and videographic recordings during the event. The exclusive copyrights and usage rights to these recordings are open to PCAG only. In this context, PCAG is also entitled to use such recordings – while preserving the privacy rights of individual persons – for its own advertising purposes.
(2) PCAG shall continue to be entitled to use the activity for the customers during and after execution of the contract for reference purposes and to disclose it to third parties and to use the services provided for the customers as a reference in other contexts, as long as the customers have not contradicted in written form with effect for the future. Such use by PCAG does not justify any claim for payment by the customer.
§ 7 Resignation of the customer
(1) The resignation must be in writing. The access at PCAG is decisive.
(2) If the customer cancels, the following fees apply:
0 – 10 working days before the start of the event: Full participation fees
11 – 28 business days before the start of the event: 80 % of the participation fee
29 – 60 business days before the start of the event: 50 % of the participation fee
61 – 90 business days before the start of the event: 30 % of the participation fees
More than 90 business days before the start of the event: No fees
§ 8 Cancellation / cancellation of events
An event can be canceled for good cause. This applies in particular to insufficient number of participants and / or force majeure. If the number of participants is too low, the cancellation will be made no later than one week before the start of the event. In all other cases of cancellation for cause, PCAG will inform the participants as soon as possible. If an event has to be canceled, PCAG will reimburse the paid registration fee. Further claims are excluded, except in cases of deliberate or grossly negligent behavior of the legal representatives, employees or other vicarious agents of PCAG.
§ 9 Liability
PCAG makes no warranties of expectancy or value for the purposes of the customer. Insofar as intent, gross negligence, injury to life, limb or health, the assumption of a guarantee of quality, fraudulent concealment of a defect, violation of essential contractual obligations or product liability law make us liable, liability of PCAG is excluded. Significant contractual obligations are obligations which enable the fulfillment of the proper execution of a contract in the first place and those on which the contracting parties may regularly rely. Compensation for breach of essential contractual obligations is limited to the contractually typical, foreseeable damage, unless there is intent or gross negligence.
§ 10 Place of jurisdiction, final provisions
(1) The place of performance is the registered office of PCAG in Frankfurt am Main. If the customer is a merchant, legal entity or special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is Frankfurt am Main. The law of the Federal Republic of Germany applies, excluding international private law and the UN Sales Convention.
(2) Should a provision of these terms and conditions be or become ineffective, this does not affect the validity of the remaining terms and conditions. In this case, the parties will replace the invalid provision with another provision which comes as close as possible to the economic purpose of the canceled provision.