General Terms

The Trusted Bodywork is entitled to translate the terms and conditions for providers into other languages. In case of contradictions between the different versions, the German version applies.

The following general terms and conditions (hereinafter "GTC") govern the conditions under which Trusted Bodywork is used by its customers (hereinafter referred to as "provider"). By registering on Trusted Bodywork and the associated creation of a customer account (hereinafter: profile entry), the providers agree to the GTC and enter into a legally binding contract with the operator. If providers do not agree to the terms, a profile entry on Trusted Bodywork is excluded.

General Terms and Conditions

Last updatede on May 28th

The internet platform Trusted Bodywork (hereinafter "Trusted Bodywork") is an offer by Martina Weiser, Frankfurter Str., 40 51065 Cologne, Germany (in the following referred to as "operator"). The operator offers Trusted Bodywork via the domains http://www.trustedbodywork.com and via http://www.trustedbodywork.com/de as well as via different other own domains.

The following General Terms and Conditions (hereinafter "GTC") govern the conditions under which Trusted Bodywork is used by its customers (hereinafter referred to as "provider"). By registering on Trusted Bodywork and the associated creation of a customer account (hereinafter “profile entry”), the providers agree to the GTC and enter into a legally binding contract with the operator. If providers do not wish to agree to the GTC, a profile entry on Trusted Bodywork is excluded.

The operator is entitled to translate the GTC for providers into other languages. Trusted Bodywork depends on the German version. In case of contradictions between the different versions, the German version applies.

§ 1 Scope of application
(1) The following General Terms and Conditions regulate the conditions under which the use of Trusted Bodywork shall take place for the authorized users of current and future profile entries named in § 2 .

(2) By registering on Trusted Bodywork, the providers acknowledge that they have read and understood the terms and conditions and accept them. Deviating regulations and conditions of the provider in particular, which are in contradiction with these terms and conditions, are only valid if the operator agrees in writing.

(3) The offer of Trusted Bodywork is exclusively aimed at individuals, who have completed the age of 18. The operator reserves the right to ask providers to provide a copy of the identity card as proof of age in case of doubt. By correctly and truthfully completing the registration form and by  clicking on the GTC, providers are granted admission to the selection process for Trusted Bodywork.

§ 2 Authorized persons
(1) Only providers who fulfill all the criteria for the Trusted Bodywork seal of approval are eligible to make a profile entry. Other providers or service providers are excluded from the registration for a profile entry. The criteria for the Trusted Bodywork seal of approval can be viewed here.

(2) By registering with Trusted Bodywork, the providers acknowledge that they are authorized users according to § 2 (1).

(3) Providers engage to correctly and completely declare the data requested in the application and in particular not to violate the rights of third parties. A violation of the rights of third parties is, inter alia, if personal information or other data of third parties are used without their consent, e.g. the name or e-mail address. Providers also engage to edit the data in their profile on Trusted Bodywork in the event of a change in their data. Trusted Bodywork is entitled at all times to demand proof that the prerequisites are met and that the information stated is correct.

(4) The contract on the use of Trusted Bodywork shall come into being with the registration and creation of a profile entry by the provider. The duration of the contract period begins with the release by the operator. The release takes place if § 3 (2) no. 2 is fulfilled.

(5) The selection of the user name and password is the responsibility of the provider and is freely selectable. However, the user name may not infringe on third-party rights and other names and trademarks or good morals. The password must be kept secret from third parties.

(6) The operator has the right to block the access of a provider at any time if the system is used illegally by the provider.

§ 3 Conclusion of contract
(1) A profile entry can be booked online. When making an online booking on Trusted Bodywork, the provider makes an offer to conclude this contract by the following actions:

1. Filling in the application form for the corresponding profile entry

2. Accepting these terms and conditions and the data protection instructions

3. Confirming to fulfill all quality criteria and ethical guidelines for the Trusted Bodywork Seal of Approval.

He transmits this data to Trusted Bodywork.

(2) The provider has to confirm his e-mail address by clicking on the link in an e-mail sent to him by Trusted Bodywork (double opt-in).

(3) The contract comes only into effect if Trusted Bodywork confirms the registration or by providing the services of Trusted Bodywork. This is done regularly by the fact that Trusted Bodywork enables the profile entry for a further period after receipt of payment, thus confirming the conclusion of the contract.

§ 4 Contractual object  profile entry
(1) Subject matter of this contract is a profile entry on Trusted Bodywork. The scope and cost of the profile entry depend on the chosen offer (see in Trusted Bodywork or here).

(2) Trusted Bodywork plans to offer additional, different profiles. The scope of the services offered in the various profile entries is determined by the description of the services at the time of conclusion of the contract.

(3) A free profile entry for a test period is granted exclusively within the technical, operational and financial possibilities of Trusted Bodywork. There is no claim to the provision of certain free services.

§ 5 Change in services
(1) The user is free in the content design, modification and adaptation of the individual profile entries, as long as the scope and the content of the particular package are preserved in its character.

(2) In addition to § 5 (1), the operator reserves the right to modify or adapt the content of individual profile entries or options, as far as necessary for technical reasons, e.g. with a Google-modified function of its search engine, or for business reasons, e.g. omission of a cooperation with an external cooperation partner.

§ 6 Prices, payment and tariff changes
(1) The operator charges the provider with the costs of the profile entries and the fee-based options as a fee for the services provided on Trusted Bodywork. The prices which are communicated on sending the contract offer shall apply (see Trusted Bodywork or here). Trusted Bodywork issues an invoice for this, which is sent to the provider at the registered e-mail address.

(2) Invoicing shall take place one month in advance for registered profiles with costs. The invoice is due immediately without deduction after receipt by the provider. The amount stated therein must be transferred to the account specified in the invoice. Any account management fees incurred are at the expense of the provider.

(3) All prices are additionally subject to value added tax (VAT).

(4) The contract has a term of one month.

(5) The contract is automatically renewed by another month, if either the provider or the operator does not terminate the contractual relationship within a period of 14 days before expiry of the current booking. The contract can be terminated only in written form. Trusted Bodywork reserves the right to terminate the contract also by e-mail.

(6) If the provider is in default with the payment of fee-based services by Trusted Bodywork, the operator has the right to refuse the fulfillment of due services against the provider - in particular to temporarily lock the information provided and the linking to the website of the provider - until the delay is eliminated. In such cases, the operator shall notify the provider in writing of the blocking with a pre-set period of 10 working days to eliminate the default. The other statutory and contractual rights of the operator due to the payment default of the provider remain unaffected by the performance refusal.

(7) The operator has the right, by written notification to the provider, to adjust the cost-altered circumstances with a pre-announcement period of one month to the end of the quarter (change of tariff). If the provider does not wish to continue the contract at the amended tariff, he has the right to terminate it in writing at the time of the change of tariff.

§ 7 Area of responsibility of Trusted Bodywork; service disruptions
(1) The operator offers Trusted Bodywork on the basis of the current status of the Internet and the current technical, legal and commercial conditions for data traffic on the Internet. The provider is aware of the fact that the quality of data traffic on the Internet depends on these general conditions and other circumstances - e.g. the conditions on downstream data lines - to which the operator of Trusted Bodywork has no influence and bears no responsibility.

(2) Disturbances in the quality of data traffic on the Internet which are outside the responsibility of the operator in accordance with paragraph (1) shall not affect the operator's remuneration. If such disturbances result in the fact that the operator of Trusted Bodywork cannot provide the provider with the offered services for a not insubstantial period of time, the provider has the right to extraordinarily terminate the contract with a notice period of one week each at the end of a calendar month. The notice of termination requires the written form to be effective. Further rights of the provider are excluded.

(3) If the operator of Trusted Bodywork does not perform his contractual services in other cases than those specified in paragraphs (1) and (2) or not in conformity with the contract, the provider is obliged to lodge a complaint against the operator in writing. If, even after the expiry of a reasonable period, the operator does not properly perform his services after a justified complaint, the supplier shall have the right to reduce the current payments for services for the period and to the extent to which the operator provides these services after receipt of the written complaint not in accordance with the contract. In addition, the provider is entitled to extraordinarily terminate the contract in written form. The extraordinary termination requires that the provider has set a deadline of at least one week for Trusted Bodywork to provide contractual services in writing and that this grace period expired without results. § 12 shall apply to damages or replacement of futile expenses.

(4) If, on the other hand, violations by the provider against the obligations and responsibilities or other obligations to cooperate and obligations specified in § 8 below result in the operator not being able to fulfill his services in full or not in due time, the provider cannot exercise any rights against the operator from Trusted Bodywork; In particular, the claim to remuneration of the operator shall remain unaffected.

§ 8 Obligations of the provider
(1) It is within the responsibility of the provider to create and maintain the necessary technical infrastructure (hardware, software, telecommunications, internal network, own website) for participation on the Internet up to the offer provided by the operator of Trusted Bodywork. This responsibility also applies to a possible linking to further websites, as well as information, pictures and videos of the provider.

(2) The provider shall ensure that the IT infrastructure associated with its sphere is properly protected by professional IT security measures.

(3) In order to avoid data loss, backup copies of all contents which are published or made available by providers on Trusted Bodywork are to be stored on the own computer system .

(4) It is the responsibility of the provider to design and set up his own information offer intended to be published on the Internet, as far as the profile entry on Trusted Bodywork refers to it. In addition, he is obligated to ensure that his / her corresponding professional rights and / or professional conduct is respected. This also applies to the integration of the Trusted Bodywork seal of approval, which the operator provides for the provider.

(5) The provider is solely responsible for the content of his / her application, texts and articles and thus for the information he provides on Trusted Bodywork. The provider guarantees that all data provided correspond to the truth and that the publication of the used texts, articles and pictures does not constitute any copyright infringements. The provider undertakes to indemnify the operator from any and all claims, damages, losses or claims arising from his / her registration and / or participation in the service, provided that such damages are not caused by intent or negligence on the part of the operator or his / her vicarious agents. In particular, the provider undertakes to indemnify the operator from any liability and from any and all obligations, expenses and claims arising out of any damages due to slander, libel, and infringement of personality rights , due to the failure of services to providers or the infringement of intellectual property rights.

(6) The provider is obliged to treat e-mails and other messages confidentially and not to make them accessible to third parties without the consent of their author. The same applies to names, telephone and fax numbers, residential and e-mail addresses and / or URLs.

(7) The provider may only upload G-rated pictures, pictures with whole or partially naked bodies must fit the aesthetic concept of Trusted Bodywork.

(8) The provider must be recognizable on the profile photo.

(9) If the profile is linked to his website the provider is obligated to link it back to Trusted Bodywork. Suitable logos can be found in the private area of the provider.

(10) If a provider makes inquiries as a customer with other providers, who offer their services on Trusted Bodywork, he must be recognizable as a colleague.

(11) Non-compliance with one of the above-mentioned behavioural commitments can lead to an immediate termination of the profile entry as well as civil and criminal consequences for the provider himself. In particular, the operator reserves the right to exclude the provider from Trusted Bodywork if, in the case of registration or use, the content of the website is to spread, in his opinion, obscene or politically radical content or photographs. An exclusion is also possible if the operator has the impression that the provider is not serious and sufficiently qualified according to § 2.

(12) Independently, providers undertake to notify the operator immediately as soon as they become aware that their access data are used unauthorized by third parties. Trusted Bodywork is entitled to block the access to the profile entry on Trusted Bodywork if there is a reasonable suspicion that the access data are used by unauthorized third parties. Providers are informed about this and receive new access data, provided they have not contributed to the misuse. In addition, the access data can be changed at any time under "edit profile" or here. The password can be changed here. Providers should change their password at regular intervals for security reasons.

(13) Providers undertake to use the provided profile entry only within the scope of their purpose. They ensure that the use of the profile does not jeopardize the proper operation as well as not harm other providers, users or networks. Therefore, providers are not allowed to send data or to store data on Trusted Bodywork data media which are suitable for their type or nature, size or number, or affect the functioning of Trusted Bodywork computer systems or third parties rights (e.g. viruses, spam e-mails, etc.). Providers are also obliged to refrain from an excessive load of Trusted Bodywork by non-objective or improper use.

(14) The use of a profile entry for the purpose of reading, storing or transmitting personal data of other users for purposes other than the intended use of the offer is prohibited. Providers have to keep familiar information about other users as well as communication contents confidential.

§ 9 Content of the provider
(1) As far as providers upload contents (e.g. profile pictures) via the profile entries provided by Trusted Bodywork, they declare their consent to the storage, publication or public accessibility of their contents as part of the Trusted Bodywork offer or Trusted Bodywork cooperation partners 

(2) By placing their contents (e.g. profile pictures) on Trusted Bodywork, providers expressly authorize them to use their contents for specific advertising purposes withcooperating partners (e.g. Facebook) in the sense and to the benevolence of Trusted Bodywork and the providers themselves. This authorization ends when providers delete their profile entries, unless the content has been shared with others and they have not deleted the content. The operator guarantees that any misuse of the content of the provider is avoided.

(3) Basically, there is no claim to delete the contents by the operator. The consent pursuant to (1) shall be valid indefinitely insofar as providers do not provide proof of any circumstances which render further retrievability of a content unacceptable for the future (e.g. due to serious professional disadvantages). In addition, content which has been set by the providers may also be partly deleted or modified by them.

§ 10 Responsibility of the supplier
(1) Within and through the profile entries provided by Trusted Bodywork, providers can publish content and make it accessible to others. The responsibility for such content published and disseminated by the provider lies exclusively with these. Providers are obligated not to violate applicable legal regulations when using the profiles. Providers, in particular, ensure that the content published and disseminated by them does not violate the rights of third parties (e.g. copyright, trademark or personality rights) and process or use their personal data from third parties only within the framework of the relevant data protection regulations; the inclusion of copyrighted content (such as texts, for example) is expressly inadmissible if providers have not been granted the necessary rights of use by the rights holders. In addition, providers ensure that they do not publish or make access to any content prohibited by the Criminal Code, such as insults and other offending statements.

(2) Provider profiles can link external content via the profile entries. The links may not refer to content that violates applicable legal provisions; paragraph (1) shall apply mutatis mutandis. Providers carefully examine the contents directly linked to external links, as well as the following content, as long as the directly linked contents justify the suspicion that the following content could violate applicable legal regulations.

(3) In case that providers also wish to provide information on and about third parties (e.g. bodyworkers), they must ensure that the persons concerned agree to the corresponding publication of the data and, in particular, consent to the use of data and consent to the use of photos of these persons. The operator is entitled at any time to request corresponding proof.

(4) The data protection instructions can be viewed under Trusted Bodywork or here.

§ 11 Trusted Bodywork as a seal of approval
(1) The operator assigns the Trusted Bodywork seal of approval to the provider. The right to use the seal is governed by the provisions of this section as well as by the provisions of the seal of approval (see Trusted Bodywork or here).

(2) The Trusted Bodywork Seal of Approval may neither be altered manually, nor adapted in any form (for example with regard to form or colour) or as a graphic.

(3) The Trusted Bodywork seal of approval may only be used on the website of the provider who has a profile entry on Trusted Bodywork and has linked it back to the website.

(4) Further, the Trusted Bodywork seal of approval may not appear on brochures and other print media or other publications (online or offline). The use is exclusively available to the provider as a seal of approval for his individual work with clients.

(5) The use of the Trusted Bodywork seal of approval is only permitted within the respective active membership on the advertising media of the provider. When using the seal of approval on the provider's website, the logo file must be linked to Trusted Bodywork. Suitable logos can be found in the private area of the provider.

(6) The award of the Trusted Bodywork seal of approval by the operator does not constitute any claim by the provider for the issue of further seals or changes to the seal.

§ 12 Consequences of Compulsory Duties / Indemnification
(1) For violations of the obligations specified in §§ 2, 8, 9, 10 and 11, the operator is entitled - depending on the violation - to block the access of the provider to Trusted Bodywork, to disable or delete contents on the Trusted Bodywork servers, deactivate accounts, or immediately delete them in case of obviously abusive registration or obvious misuse, as well as to take other appropriate measures to protect against such violations. The same applies in the event that there is reasonable suspicion of such violations as long as and insofar as the respective responsible provider has not proved the legality of the content or conduct complained of. The right to terminate the contractual relationship without notice in these cases is determined in accordance with § 18.

(2) A responsible provider is obliged to release the operator from all claims of third parties which are alleged against him in connection with violations of § 2 paragraph 3, §§ 8 and 10, as well as all resulting costs, including the costs of adequate legal defence. Providers are also obliged to assist the operator in the defence of the aforementioned claims by submitting declarations, in particular oath-based insurance, as well as by other information, and will endeavour to assert claims of third parties directly against themselves. All other rights of the operator remain unaffected.

§ 13 Liability
(1) The liability of Trusted Bodywork - for whatever legal reason - to damages caused by the supplier, his legal representative(s) or his respective vicarious agent(s), subject to subparagraph (2), shall be limited by the following:

• In the event of a slightly negligent violation of a material duty arising out of the contractual relationship ("cardinal obligation"), Trusted Bodywork is limited in scope to the foreseeable, contract-typical damages. "Cardinal obligations" are such obligations that are crucial for making proper implementation of the contract possible and on the compliance of which a contractual party may regularly rely on

• The operator is not liable for the slightly negligent violation of non-essential obligations arising from the debt relationship.

(2) The aforementioned limitations on liability do not apply in the case of gross negligence or wilful act, as well as in cases of mandatory legal liability, in particular when a guarantee is given or in the case of culpable injuries to life, body and health.

(3) Insofar as the operator is liable for data losses pursuant to paras. (1) and (2), this liability shall be limited to the loss of such data, which have been saved by the provider within typical business practice (at least once daily) in such a way that he can reproduce them at a reasonable cost. The objection of contributory negligence is always permissible. With regard to the avoidance of losses from data losses, reference is made to the fact that data are to be secured pursuant to § 8 (3).

§ 14 Rights of Trusted Bodywork and providers
(1) The rights (in particular, copyright, trademark and trademark rights) for published objects created by the operator or his own employees, or objects placed on Trusted Bodywork himself, or the property of the operator remain with him alone.

Duplication and / or use of such graphics, sound documents, video sequences and texts in other electronic or printed publications is not permitted without the express consent of the operator. Any duplication or use of such objects and contents (e.g. copyrighted texts) in other electronic or printed publications, as well as in the form of public renderings, is prohibited without the explicit written permission of the operator.

(2) The content posted by providers on Trusted Bodywork is copyrighted according to legal requirements. Use of such content (e.g. profile images) in other electronic or printed publications as well as in the context of public representations by other providers is not permitted without the express consent of the respective provider.

§ 15 Secrecy
(1) Providers and operators undertake to protect the business secrets of the other party, which have been entrusted to them, made accessible or otherwise known, against third parties and not to exploit such business secrets themselves. This obligation applies, in particular, to all business, operational, organizational, and technical information and knowledge accessible to a limited group of persons as "confidential", or to be treated confidentially in the light of the consequences of possible disclosure in good faith. This obligation does not apply to information which (a) is already known to the recipient at the time of conclusion of this contract or becomes known thereafter by a third party, without prejudice to a confidentiality agreement, statutory provisions or administrative orders; (b)is publicly publicized, in so far as this is not the result of a breach of this Treaty; (c) must be disclosed on the basis of statutory obligations or on the order of a court or authority. To the extent permitted and possible, the recipient obliged to disclose shall notify the other party in advance and give it the opportunity to oppose the disclosure.

(2) Both contracting parties are obliged to agree on the obligation of confidentiality with their employees and / or vicarious agents and other third parties which are involved in the execution of the contract.

§ 16 Data Protection
The regulations on data protection arise from the separate data protection instructions, which can be viewed at Trusted Bodywork or here.

§ 17 Term of the Agreement / Termination
(1) The contract has a term of one month and is automatically extended by another month, unless either the provider or the operator terminates in writing two weeks before expiry of the contract term.

(2) The contract with a provider also ends without notice in case of deletion of the profile entry according to § 6 (5).

(3) The right to terminate without notice for good cause shall remain unaffected. Important reasons are, in particular:

• a breach of the obligations of the provider pursuant to Sections 2, 8, 9 and 11,

• a breach of a material contractual obligation by a contracting party, unless this is cured within two weeks upon receipt of a written communication.

(4) The termination must be made in writing in accordance with § 126 para. 1 BGB (the form of the e-mail is not sufficient).

(5) The extraordinary right of termination shall remain in force even if one or both contracting parties do not make use of this once or several times despite the existence of a corresponding reason.

§ 19 The proof clause and the burden of proof
(1) Data stored in electronic registers or otherwise in electronic form with Trusted Bodywork shall be deemed to be valid evidence for the proof of data transfers, contracts and payments executed between the parties.

(2) If the provider invokes the misuse of his / her identity within the scope of the contract, he / she shall promptly provide the operator with all the facts and evidence to which he is entitled. In the event of a breach of this obligation and insofar as there are sufficient indications for the action of the provider and not of a third party, the provider bears the burden of proving that there is an abuse of the identity.

§ 20 Amendments to these Gneral Terms and Conditions
(1) The operator reserves the right to change these GTC at any time without giving reasons. Changes or extensions of the General Terms and Conditions shall be communicated to the provider by e-mail before their entry into force. For this purpose, instead of the addition of the complete text, a reference to the address on the Internet under which the new version is available is sufficient. They are deemed to have been agreed on if the supplier has not objected to their validity within 14 days after receipt of the e-mail. The contradiction requires the text form (e.g. by e-mail). Thee-mail to providers mentions separately the possibility of objection, the deadline and the consequences of inactivity. In the event of a contradiction, each party has the right to terminate this agreement.

(2) However, the possibility of amending these General Terms and Conditions pursuant to para. (1) does not apply to changes which restrict the provider in terms of content or scope, nor to the introduction of new obligations for the provider which have not previously been included in these terms and conditions or the law.

(3) The operator independently reserves the right to issue additional terms and conditions of use for new services, in particular paid services.

§ 24 Final Provisions
(1) The law of the Federal Republic of Germany shall apply exclusively with the exception of international private law and the UN purchase law.

(2) The court of jurisdiction for all claims and disputes arising from and in connection with this contract is Cologne.

(3) Providers shall neither set off claims against the operator nor exercise rights of retention, unless they are undisputed or legally binding claims of the provider.

(4) Should one of the provisions of this contract be or become invalid, this shall not affect the validity of the contract.