Terms & Conditions
1. General
1.1 Scope of the Terms of Use
1.1.1 Mintd Agency (hereinafter: “Mintd”), operates a placement platform (hereinafter: “Platform”) between international STEM professionals and German companies under the website www.mintd-agency.com.
Mintd offers consulting services to the companies as well as to the professionals in the process. The companies can voluntarily submit their needs for job placements while the STEM professionals can submit their CVs and professional profiles. Mintd collects this data and evaluates it in the interest of the applicants and companies. Within the framework of this platform, it is possible that the professionals are successfully hired by German companies. The service of Mintd is and remains free of charge for the applying professionals. In case of a successful placement in a German company, individual conditions will be negotiated with exactly this company. These conditions are not presented in the general terms of use.
1.1.2 These Terms of Use govern the relationship between Mintd and the Professional as well as between Mintd and the Company (Professional and Company are hereinafter referred to as “User”) with respect to the use of the Platform.
1.2 Changes to the Terms of Use
Mintd is entitled to amend or supplement provisions of these Terms of Use at any time with effect for the future if this is required due to legal or functional adjustments to the Platform, for example in the event of technical changes. The User will be notified of any changes in due time before they take effect by e-mail – usually 15 days in advance – without having to send the changed or supplemented terms in detail or the new version of the terms as a whole; it is sufficient to inform the User about the changes or supplements made. If the User does not object to the change or amendment within 30 days after the announcement of the change or amendment and continues to use the Services, this shall be deemed as acceptance of the change or amendment; Mintd shall point this out separately in the announcement.
2 Registration and conclusion of contract
2.1 Registration
2.1.1 The use of the services of the platform requires the registration of the User. This requires the specification of the first and last name of the User as well as a current e-mail address or cell phone number. The e-mail address or cell phone number is also used for communication with Mintd.
2.1.2 After providing the information required for registration, the User will receive an e-mail to confirm his/her registration request and to complete his/her registration based on the previously accepted Terms of Use. The User will receive a registration confirmation from Mintd after successful registration.
2.2 User Account
2.2.1 Users can create a user account on the platform in the future. For this purpose, an e-mail address or optionally a telephone number and a password are required (hereinafter: “Log-in Data”).
2.2.2 The user is obliged to handle the Log-in Data with care. In particular, the user is prohibited from disclosing the Log-in Data to third parties and/or allowing third parties to access the user account by circumventing the Log-in Data.
2.2.3 If the User violates its obligation under Section 2.2.2 above and its user account is used by third parties, the User shall be liable for all activities that take place using its user account. The user is not liable if he is not responsible for the misuse of his user account.
2.3 Conclusion of Contract and Content of Contract
2.3.1 By completing the online registration process and creating a user account, a user contract is concluded between the User and Mintd on the basis of the previously accepted terms of use (hereinafter: “User Contract”).
2.3.2 The subject of the User Agreement is the free use of the Platform. In order for companies to be able to use the platform to the extent further described below, the companies must conclude an individual agreement with Mintd prior to suitable placement. This is negotiated individually and is not the subject of these Terms of Use. The Company is in no way obligated to this further agreement through the mere registration and will receive an individual offer from Mintd at the appropriate time.
2.3.3 The user agreement with the companies includes the support by Mintd in the search for suitable international professionals for open positions in the company and the support by Mintd in the communication with and the conclusion of the contract between the company and the professional.
In this process, a comprehensive needs assessment is first carried out with the help of a questionnaire/registration form. A user profile (hereinafter: “user profile”) is created internally by Mintd from the responses of the professionals and the companies, which is not visible to other users of the platform. The Professionals agree that Mintd may pass on the information provided, without obligation, to suitable companies in order to be able to successfully place them. The Professional may revoke this permission at any time in writing by email. At the same time, the company allows Mintd to pass on the requirements to suitable professionals and to discuss them with suitable professionals.
2.3.3.1 On the basis of the needs analysis, on the one hand there is the possibility that Mintd proposes potential skilled workers to the companies. Only then is a decision made as to whether the company enters into a further placement contract with Mintd.
2.3.3.2 The user contract between Mintd and the users is non-binding and does not establish any obligation to perform for either the specialist or the company. An obligation to pay arises for companies only upon conclusion of an individual additional mediation agreement. This individual agreement is independent of the user contract between Mintd and the general user and comes into effect independently of this contract through a separate declaration on the.
2.3.3.3 In the event of a successful placement of a Skilled Worker with a Company, Mintd is not involved as a contracting party or as a representative or vicarious agent of a contracting party or in any other way in the contracts arising from the placement, such as employment contracts or similar contracts.
3 Use of the Platform and Duties of Cooperation of the User
3.1 Use of the Platform
3.1.1 After providing all data requested by Mintd and successful registration or user account creation after prior confirmation of the Terms of Use, the User is entitled to use the Platform within the scope of these Terms of Use. The use of all functionalities of the platform by the companies requires the prior conclusion of an individual mediation agreement between them and Mintd.
3.1.2 The User has the possibility to upload and publish content (personal information, texts and photos) on the platform.
3.1.3 The order in which the User profiles of the professionals are displayed to the companies depends on the needs analysis. In this regard, Mintd is not liable for the information provided by the Users as well as the accuracy of all information provided.
3.1.4 Mintd is entitled to delete user content from the platform or to block it if it violates applicable law or the rights of third parties. As far as possible and reasonable, Mintd will inform the affected User of this beforehand.
3.1.5 Mintd strives for a trouble-free operation of the Platform. By its nature, this is limited to services over which Mintd has control. Mintd is at liberty to restrict access to the Platform in whole or in part, temporarily or permanently, due to maintenance work, capacity concerns, immoral or unreliable behavior, lack of qualifications, non-fulfillment of a contract concluded via the Platform and due to other events beyond its control.
3.1.6 Mintd is entitled at any time to modify Services provided on the Platform, to make new Services available and to discontinue the provision of Services.
3.2 Duties of Cooperation of the User
3.2.1 The User must refrain from any activity that is likely to impair the operation of the platform or the technical infrastructure behind it. This includes in particular:the use of software, scripts or databases in connection with the use of the platform;the automatic reading, blocking, overwriting, modifying, copying of data and/or other content, unless this is necessary for the proper use of the platform;the excessive loading of the network systems.
3.2.2 In the event of disruptions in the use of the Platform or its functionalities, the User shall immediately notify Mintd of such disruption.
4 Prohibited Actions
4.1 The User agrees not to engage in any activity within the framework of the platform or to post, disseminate or carry out content or to contractually obligate the professional to implement orders which violate legal prohibitions, morality, the rights of third parties (for example trademark, name, copyright, image and data protection law) and/or the regulations listed below.
4.2 Prohibited orders are in particular: those in the area of “eroticism” or “pornography”; services that violate the regulations for protection against illicit work, such as the Act to Combat Illicit Work and Illegal Employment (SchwarzArbG), the Youth Protection Act or data protection regulations.
4.3 Furthermore, the user is prohibited from the following actions: spreading viruses, Trojans and other harmful files; obtaining access for himself or another person to data that is not intended for him and that is specially secured against unauthorized access by overcoming the access security and/or using it; sending junk or spam mails as well as chain letters; spreading offensive, indecent, sexually influenced, obscene or defamatory content or communication as well as such content or communication that is not intended for him and that is specially secured against unauthorized access. communication as well as such content or communication which is/are suitable to promote or support racism, fanaticism, hatred, physical violence or illegal acts (in each case explicitly or implicitly);the dissemination and/or public reproduction of content available on the portal, unless this is expressly permitted by the respective author or is expressly made available as a functionality on the platform;
4.4 If the User becomes aware of any illegal, abusive or otherwise unauthorized use of the Platform in violation of the user relationship, the User is obligated to report this to Mintd immediately. Mintd will then examine the matter and, if necessary, take appropriate steps.
4.5 If there is a suspicion of illegal or punishable actions, Mintd is entitled and, if necessary, also obligated to check the activities of the User and, if necessary, to initiate appropriate legal steps. This may also include forwarding a case to the public prosecutor’s office.
5 Rights of Use
5.1 The User grants Mintd an irrevocable, non-exclusive, royalty-free right of use to the posted content, unlimited in terms of space, time and content, which is transferable to third parties. Mintd is entitled to use, edit and exploit the content at any time. This includes in particular the right of reproduction, the right of distribution and the right of public reproduction, in particular the right of public access.
5.2 The User waives the right to be named as the author.
5.3 All rights to the Content of the Platform are reserved by Mintd. The User is prohibited from copying, distributing and/or publishing Content that Mintd, other Users or third parties have uploaded to the Platform. The distribution and/or public reproduction of any Content of the Platform without the consent of Mintd is prohibited.
6. costs
The registration and the use of the platform are free of charge for the user, i.e. for the company and the professional. Only the conclusion of a separate individual agreement between the company and Mintd is associated with the costs agreed upon therein for companies.
7 Term, Termination
7.1 Term
7.1.1 The user agreement concluded between the User and Mintd exists in principle for an indefinite period of time, i.e., it continues to run even after the placement of a specialist if the User continues to use the platform.
7.1.2 However, the user agreement ends without requiring termination if the user account is deleted by the user or Mintd.
7.2 Termination of the User Agreement
7.2.1 The User may terminate the User Agreement with Mintd at any time without stating specific reasons by making a corresponding declaration in writing or text form. The deletion of his user account has the same declaration content and also leads to the termination of the user contract.
7.2.2 Mintd may terminate the User Agreement if the User does not fulfill the obligations to cooperate or performs a prohibited act. The termination can be made in text form, i.e. by sending an e-mail.
7.2.3 Upon termination of the User Agreement by the User or Mintd, the user relationship ends. Support or mediation services by Mintd are then no longer possible. The User can only establish a new user relationship with Mintd by registering again.
7.2.4 Mintd is entitled to irretrievably delete all data created by the user in the course of participation after the termination of the user contract becomes effective. Subsequently, Mintd will only have access to anonymized information that will help Mintd to improve the platform in the future.
8. data protection and data access
8.1 It is Mintd’s quality standards to handle the User’s personal data (hereinafter: “personal data”) responsibly. The personal data resulting from the registration will therefore only be collected, stored and processed by Mintd to the extent necessary for the provision of services in accordance with these Terms of Use and permitted by legal regulations. Mintd will treat the personal data confidentially as well as in accordance with the provisions of the applicable data protection law and will only disclose it to third parties in accordance with the legal requirements. Details can be found in the Privacy Policy: https://mintd-agency.com/privacy-policy/
8.2 Beyond this, Mintd will only use the personal data if the User has expressly consented to this via the registration form. Any consent given can be revoked at any time by notifying mail@mintdcareers.com
8.3 Mintd also has access to the personal data of the users, which they provide during registration and creation of a user account as well as in the context of the demand analyses. The extent to which Mintd processes personal data and which categories of personal data are affected can be found in the privacy policy, which can be accessed at https://mintd-agency.com/privacy-policy/. The privacy policy also contains information on whether and to what extent Mintd processes personal data. This also contains information on whether and to what extent Mintd makes personal data available to third parties. As a matter of principle, this is only done within the framework of data protection law.
9 Liability
9.1 Mintd provides information on the platform on various topics related to its offer. This is non-binding and general information. In this respect, Mintd assumes no liability for the accuracy and/or completeness of the individual articles.
9.2 Mintd’s liability for loss of data of the Users on the Platform is limited to the damage that would have occurred even if the User had regularly backed up the data.
10 Indemnification
The User shall indemnify Mintd and its employees or agents in the event of a claim due to an alleged or actual infringement and/or violation of third party rights from all claims of third parties arising from actions of the User in connection with the use of the Platform for which the User is responsible. In addition, the User agrees to reimburse Mintd for all costs incurred by Mintd as a result of the third party claim. Reimbursable costs also include the costs of an appropriate legal defense.
11. final provisions
11.1 Unless expressly stated otherwise in these Terms of Use, all declarations made in connection with the use of the Platform shall be made in writing or by e-mail.
The e-mail address is:
The postal address of Mintd is:
Gleimstraße 41
10437 Berlin
11.2 The contact details are subject to change without notice.
11.3 If any provision of these Terms of Use is or becomes invalid, the validity of the remaining provisions shall not be affected. In place of the invalid provision, a valid provision shall be deemed to have been agreed which comes as close as possible to the economic purpose intended by the parties. The same shall apply in the event of gaps in the Terms of Use.
11.4 These Terms of Use shall be governed by the laws of the Federal Republic of Germany.
11.5 The exclusive place of jurisdiction for all disputes arising from these Terms of Use, to the extent that such an agreement on the place of jurisdiction is permissible, is Berlin.
Mintd
Natalia Wallroth and Emmelie König
Gleimstraße 41
10437 Berlin
Phone: +49 1522 1765014
E-mail: mail@mintdcareers.com
