§1 Freelance task
1. Freelancer works anonymously in the company through a virtual profile and is tasked with inspiring customers to engage in continuous discussion.
2. The user must comply with the rules and instructions for writing messages.
§2 General implementation of agreements
1. Freelancer ensures that he has access to a computer equipped with an Internet connection. Work is done only through the service provider's message platform. Freelancer is responsible for the costs of using the Internet.
2. An independent trader/freelancer is aware that he/she is performing an independent business or an entrepreneur. Freelancer undertakes to accept independent orders from the Service Provider which he may accept or reject at any time. The company is not responsible for the execution of the contractor's mandate or the provision of the service. This is especially true, but not exclusively, in the field of messages and content. An independent trader/freelancer is solely responsible for the messages he writes. The company has no impact on the latter and is therefore not responsible for them.
3. Freelancer works independently.
4. Freelancer organizes hours of work as it sees fit, in so far as there are no restrictions or conditions imposed by the company. If a freelancer is given a list of services, then the working hours are binding. Freelancer informs the company as soon as possible of any obstacles to work that last five days or more.
5. The company is not obliged to pay freelance compensation for services not offered to freelancers.
6. All subcontracting and/or external participation in freelance assignments is subject to the prior consent of the company.
§3 Payment / invoicing / taxes
1. Freelancer is paid according to the company's current payment schedule.
2. Payments are made monthly to freelancers on the 15th day of the next month if the minimum payout amount of €50 is earned and valid payment disbursement details have been submitted.
3. If payment disbursement details are invalid or payments fail to be accepted, or the earned amount is less than €50, then the amount earned carries over to the next month.
4. The Freelancer is itself liable to pay taxes and other charges, if any, on any income and/or revenue that may be due to it.
5. Freelancer is obliged to take out its own health and pension insurance.
6. Smaller amounts of less than €50 will not be paid out, even upon termination.
7. In the event you have made any material misrepresentation or omission, including but not limited to using a false or fake name, using a false or fake id, or any other dishonest or unethical conduct; or you (or anyone affiliated with you) engage in any conduct which may adversely affect the reputation of Malibu Operators, or goodwill associated with our brand; or in the event of your termination of employment prior to a payment disbursement being settled, all of your rights to payment of any accrued earnings shall be immediately and irrevocably forfeited.
§4 Privacy / Exclusive
1. During and after the contract work, the Freelancer commits to the obligation of professional secrecy for all confidential matters and processes he/she experiences during his / her contract work. These issues concern in particular future development projects, customer records, other business secrets media, the flow of technical activities, and all information related to operator services and business strategies.
2. The obligation of professional secrecy referred to in paragraph 1 shall apply in particular to the internal website of the company and to the information on this site. Professional secrecy also includes training documents and other documents, as well as all assignments or requests for support for orders under Article 1 of this Agreement that are submitted to freelancers. The confidentiality obligation also applies to any received and sent an e-mail that contains information related to the company's activities.
3. The amount of claims is not limited.
4. Within the scope of the tasks referred to in Article 1 of this Agreement, the freelancer acts solely in the name of the company. The confidentiality agreement is valid for six months after the end of the work and for the materials and information owned by the company permanently.
§5 Prohibition of competition
1. Freelancer is required to refrain from working for a competing undertaking and to participate directly or indirectly in the construction or operation of such business for a period of three years from the date of termination of the contract.
2. Violation of this clause will result in a contractual liability of € 5,000 (€ 5,000) and an obligation to compensate the company for damages if necessary through legal action. The former does not limit the number of possible claims in court.
§6 Miscellaneous provisions
If any of the content of this Agreement is considered invalid or becomes invalid in the future, or if the Agreement contains a defect, it will not affect the remaining parts of the Agreement. In order to replace the existing clause or to close the loopholes, an appropriate provision should be introduced which best corresponds to the regulation agreed by the parties.