The following terms and conditions govern the contractual relationship between the networking service provider, Matchbird (contractual partner is Matchbird GmbH, Zimmerstraße 19, D-40215 Düsseldorf) and its partners. Partners may be companies, universities/colleges and public institutions. The place of jurisdiction for all legal disputes resulting from this contract is Düsseldorf (GER), if not compellingly prescribed otherwise by law. All contractual relations shall be governed by German law. A condition for using Matchbird shall be age of majority on the part of the contact person that represents a partner. A partnership cannot be formed if an interested party disagrees with the validity of the Terms and Conditions.
The Partner, upon entering into the agreement in general and for the duration of this contract, warrants compliance with all applicable laws, regulations and rules, including all anti-corruption laws and regulations. The Partner warrants that he will not engage in any prohibited activity through Matchbird's contact services, either directly or indirectly, before, during and after the contract. Prohibited acts include the promise, offering or giving, requesting or accepting any improper benefit or benefit to improperly influence actions.
1.1 Matchbird offers its partners a paid networking service in order to advance new business relations and cooperation in different areas:
1.2 Matchbird performs its networking services with the goal of bringing together partners with one another or partners with companies, universities/colleges or public institutions outside of Matchbird. To this end, Matchbird provides technical applications for conveying information and for establishing contact in general. Matchbird does not become involved in the content of partners’ exchanges with one another or the content of a partner’s exchanges with companies, universities/colleges and public institutions outside of Matchbird. If partners conclude contracts with one another or with companies, universities/colleges and public institutions outside of Matchbird after using Matchbird’s networking service, then Matchbird shall not be involved and is therefore not a contractual partner. Partners and companies, universities/colleges, and public institutions outside of Matchbird are responsible for creating and fulfilling the contracts concluded with one another. Matchbird shall not be held liable for breaches of duty or illegal actions on the part of partners and companies, universities/ colleges and public stitutions outside of Matchbird during and after the matching process.
1.3 Matchbird´s business principle is based on the satisfaction of the Matchbird Partner. Therefore, a matching process started from Matchbird will only be counted as match when the Matchbird rates positively the quality of Matchbird's performance. For this process Matchbird provides the partner with a simple rating system for a positive or negative assessment.
2.1 Using the networking service requires the conclusion of a contract. Matchbird shall decide whether an interested party may become a partner.
2.2 Concluding a contract shall create a fee-based contractual relationship between Matchbird and the registered partner, which shall comply with these general Terms and Conditions.
2.3 Before concluding the contract, interested parties shall be informed about the services and costs of a partnership and terms of payment. The contractual relationship shall be created upon acceptance of the partnership offer on the part of the interested party via signature. Additional bookings to the matching account will be made automatically if the matching volume belonging to the contract has been completed with positive reviews. A new contract is not necessary. The automatic recharge can be rejected by the partners without giving reasons within two weeks in written form by e-mail or post.
2.4 The partner shall subsequently receive an invoice for the selected matching volumes and a matching account will be created. Costs for the various matching volumes are specified in the tender and on the current price list on the Matchbird website. Invoices are due immediately and payment terms are 14 business days. Matchbird can electronically send invoices and payment reminders.
2.5 Matchbird shall provide other partners and companies, universities/ colleges and public institutions outside of Matchbird with data and/or information prepared by partners only if these data and/or information do not violate legal provisions or these Terms and Conditions. Matchbird GmbH shall have the right to remove illegal content from Matchbird GmbH’s website without previous notice.
2.6 The user acknowledges that Matchbird GmbH’s website cannot be available 100% of the time due to technical reasons. However, Matchbird GmbH strives to keep the Matchbird GmbH website available as consistently as possible. Maintenance, security or capacity requirements and events which are not within the control of Matchbird (such as disruptions of public communication networks, power outages etc.) can lead to short-term disruptions or to a temporary halt in service on Matchbird GmbH’s websites.
3.1 After payment is received, the partnership shall begin with the creation of a matching account. A competence profile, created by a Matchbird editor, will be published in the profile. The partners’ preferred contact methods and the mutually-created target agreement will not be publicly published here. Furthermore, messages from a partner can be published in the account. The account also serves as a contact interface for Matchbird. Here, one can evaluate matches and make solution requests for matches. The partner shall receive login data from Matchbird to use the Matchbird applications. Access to all partner accounts is password-protected.
3.2 A Matching Coordinator will make a specific target agreement with the partner’s point of contact. In the target agreement, the partners define their contact goals and intentions and confirm the research request as a basis for contact proposals.
3.3. During the matching phase, the partner will receive matching suggestions in accordance with the target agreement. These are qualified and valid matching suggestions without prior solution requests or matching suggestions according to prior solution requests. When the partner accepts the matching proposal, the matching process starts with the exchange of contact details and information of the respective matching parties and the registration of the match in the partner’s matching account. After the exchange, Matchbird asks for the evaluation of the matching performance in a multi-level procedure. It will count as delivered if the partner positively rates the quality of the contact initiated by Matchbird. The partner is bound to evaluate the match within a period of six months after the start of the matching phase. The partner will be informed about the deadline by e-mail. He can extend the evaluation time once by e-mail for any period of time. If the partner doesn’t evaluate the matching service within the six months and doesn’t extend the evaluation time by e-mail, the matching service will be deemed as provided.
3.4 After concluding the matching phase, Matchbird shall provide the partner with a result analysis based on their matching assessment.
3.5. In accordance with the selected matching volume, Matchbird will publish any of the partner’s publicly accessible news and offers via the “eKontakter” (newsletter) and other communication channels.
4.1 In the subject area A, Matchbird provides contacts in the fields of business development (sales cooperation, internationalization, new customers and target groups), science-to- business (knowledge transfer, scientific cooperation with universities and research institutes, involvement in cluster initiatives and joint research projects ), cooperation (combination of shared visions, creating emergence effects, expanding the portfolio with external offers, second level cooperation) and innovations (digitization, disruptive product development, idea management, cooperation with complementary competence carriers).
4.2 In subject B, Matchbird provides contacts in the areas of mergers & acquisitions (corporate investments, corporate takeovers, succession plans, mergers) and real estate (real estate and real estate purchases and sales, project developments, real estate project financing). In the subject area B, an active positive assestment by the evaluating Matchbird partner will be followed by the charge of a success fee of EUR 10,000 (+ VAT). If the partner does not evaluate the match within the evaluation period of six months and does not extend the evaluation time by email, then the matching service will be deemed as provided without charging the performance fee.
5.1 Matchbird shall make every effort to protect the data that Matchbird collects from partners and points of contact from unauthorized access. The aim is to provide the greatest level of data security using a diffe- rentiated access permissions system and technical protective measures such as SSL encryption and firewalls. Data from partners shall be sent to other Matchbird partners or companies, universities/colleges and public institutions outside of Matchbird in matching suggestions. Contact shall be made through previously-stipulated contact methods.
5.3 The partner, at any time, shall have the right to revoke approval to use or pass on his data in their entirety or in part within the scope of legal regulations. Revocations may be carried out per e-mail to datenschutz@ matchbird.com or by mail to Matchbird GmbH, Zimmerstraße 19, D-40215 Düsseldorf, Germany.
5.4 Any data used by Matchbird is only for fulfilling the contract.
5.5 Matchbird shall assume no responsibility for information and data provided by partners or for content on linked, external websites.
6.1 The matching phase in the Matchbird contract is destined to last 24 months and can mutually be extended one time by way of an informal letter, in case the match volume selected by the partner has not been completed by positive matches during this period of time.
6.2 If the selected matching volume is completed with positive reviews, the contract is automatically extended and the matching account recharged. The partner can object to the reload in written form by e-mail or post within two weeks without giving a reason.
6.3 If the Matchbird partner opposes the automatic recharge, Matchbird will actively ask if the Matchbird contract should expire irrevocably or be held as a dormant contract. The Matchbird contract can rest for 12 months. At the end of the rest period, the contractual rights and obligations re-emerge with a reloading of the matching volume. During the rest period, Matchbird may ask the passive partner to take matching requests. The passive partner cannot make an active matching request.
6.4 Matchbird may terminate a contract with a partner if the contract violates the law, or attracts attention in the matching process due to unfair business practices.
6.5 The partner shall only be entitled to a refund of the paid invoice amount for a selected matching volume, partially or in full, if Match- bird does not provide the basic services agreed on the contract within six months, such as the creation of the competence profile or the target agreement. This claim is independent of any additional Money-back guarantee that Matchbird GmbH may grant in a special agreement with the interested parties.