Scope of applicability and terms

1. Excelerate believes that passionate academics are the future. Therefore, Excelerate has built a Platform that connects students with professionals in order to fix the thesis collaboration issue.
2. These General Terms and Conditions (“GTC”) apply to all sales and orders delivered by Excelerate ApS (“Excelerate”) notwithstanding any conflicting, contrary or additional terms and conditions in any purchase order or other communication from the customer (“The Customer”). No such conflicting, contrary or additional terms and conditions shall be deemed accepted by Excelerate unless and until we expressly confirm our acceptance hereof in writing.
3. We reserve the right to change these GTC at any time.
4. By using the Excelerate Platform, The Customer also confirms that the Customer accepts these General Terms and Conditions and that the Customer agrees to comply with them.

1. Definitions

1. Collaboration means a working relationship regarding the completion of a thesis between any student on a bachelor, master or candidate education and a Professional during a semester.
2. Professional means a legal entity who has joined the Excelerate Platform searching for a future co-operation.
3. Students constitutes any student on a bachelor, master or candidate education working on the completion of a thesis who has joined the Excelerate Platform. By platform is to be understood, the services provided by Excelerate, where data and information is exchanged between Students and Professionals.

2. Students

1. When a Professional has requested an interview with a Student signed up to the Excelerate Platform, the Student and the Professional must at all time remain loyal to the Platform.
2. During the process of matching a Student with a Professional, the Student will be asked to contact the Professional and set up a meeting, which may potentially occur outside of the Excelerate Platform. After the meeting, should the Student wish to engage further with the Profession- SIDE 3 / 7 al, that engagement must be confirmed via the Excelerate Platform as the facilitator of the future Collaboration.
3. The Student is not allowed to initiate collaborating with the Professional he or she has been in contact with on the Excelerate Platform without the Student and the Professional both having confirmed and paid their Collaboration via the Excelerate Platform.
4. Should a Student accept a permanent position at the Professional they are collaborating with, they are obligated to inform Excelerate.
5. This obligation is valid from the date the match is confirmed by both the Student and the Professional, and up to 12 months after the end of the Collaboration. A Collaboration ends either in the spring semester on 30th of June or in the fall semester on 31st of December.
6. If failing to adhere to the above-mentioned obligation in section 3.4.1, the Professional is liable to pay a fee of EUR 9.144

3. Professionals

1. A Professional signed up to the Excelerate Platform may contact a Student by sending an invitation request via the Excelerate Platform. From that moment, the Professional must remain loyal to the Excelerate Platform.
2. If the Professional has initiated contact to a Student via the Excelerate Platform and should wish to engage further with the Student, that engagement must be confirmed via Excelerate Platform as the facilitator.
3. The Professional is not allowed to start collaborating with a Student, they have been in contact with on the Excelerate Platform without the Student and the Professional both havíng confirmed the Collaboration via the Excelerate Platform.
4. Should a Student accept a permanent position at the Professional they are collaborating with, then the Professional must inform and pay Excelerate via the Excelerate Platform. a. This obligation is valid from the date the match is confirmed by both the Student and the Professional, and up to 12 months after the end of the Collaboration. A Collaboration ends either in the spring semester on 30th of June or in the fall semester on 31st of December.
5. If failing to adhere to the above-mentioned obligation in section 3.4.1, the Professional is liable to pay a fee of EUR 9.144.

4. Facilitation and Liability

1. Excelerate only facilitates the match between a Student and a Professional searching for a future co-operation, thesis collaboration and possibly the subsequent hiring.
2. Excelerate cannot be held liable for any acts or omissions of a Student or a Professional. Should a Student or Professional in any way shape or form, not be able to uphold their agreement in partaking in the Collaboration, then Excelerate cannot be held responsible.
3. If Excelerate becomes acquainted with any misuse of the Excelerate Platform or any misuse of a confirmed Collaboration, Excelerate will be entitled to end any Collaboration immediately. If Excelerate becomes acquainted of any illegal or unlawful event during a Collaboration or on the Excelerate Platform, Excelerate will be obliged to report such event to the police.
4. Excelerate does not have any employment law related contractual obligation to the Student and the Professional, wherefore Excelerate cannot be regarded as employer or otherwise representative for either the Student or the Professional. Therefore, Excelerate cannot be held liable for any acts or omissions carried out by a Student or a Professional.

5. Prices and terms of payment

1. The prices for a confirmed Collaboration or the hire of a Student within 12 months after the Collaboration has ended shall be those set forth in the confirmation of the order. All prices are exclusive taxes, impositions and other charges, including, but not limited to, sales, VAT and similar taxes or charges imposed by any governmental authority.
2. Unless expressly stated otherwise in our order confirmation, payment shall be made within 30 days from issuance of the invoice without offset or deduction.
3. The Customer must submit such financial information from time to time as may be reasonably requested by Excelerate for the establishment or continuation of payment terms. We may in our sole discretion at any time change agreed payment terms without notice by requiring payment cash in advance or cash on delivery, bank guarantee, letter of credit or otherwise.
4. If the Professional fails to pay any invoice within seven calendar days of the due date of payment, we may suspend any purchase order or any remaining balance thereof until payment is made. Also, we may terminate the delivery of any purchase order or any remaining balance thereof and deactivate the account. If any suspension or termination is made, Excelerate must provide a written notice hereof to the Customer within seven calendar days from the date where the suspension or termination is made. Further, we may charge the Customer interest from the due date to the date of payment at the rate of 1,5 % per month. This shall be in addition to, and not in limitation of, any other rights or remedies to which we are or may be entitled at law or in equity.

6. General limitation of liability

1. Nothing in this GTC shall make Excelerate liable or in any way responsible for any breach of contract regarding the Collaboration between a Student and the Professional. In any case, Excelerate cannot be held liable for damages exceeding EUR 9.144.
2. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to the Customer.
3. If the Customer is a business user:
   3.1. We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
   3.2. We will not be liable to The Customer for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
   3.2.1. use of, or inability to use, our site; or
   3.2.2. use of or reliance on any content displayed on our site. 3.3. In particular, we will not be liable for:
   3.3.1. loss of profits, sales, business, or revenue; 3.3.2. business interruption; 3.3.3. loss of anticipated savings; 3.3.4. loss of business opportunity, goodwill or reputation; or 3.3.5. any indirect or consequential loss or damage.
4. If the Customer are a consumer user: 4.1. We have no liability to the Customer for any loss of profit, loss of business, business interruption, or loss of business opportunity.

7. Intellectual property rights

1. All Intellectual Property Rights in or arising out of or in connection with the services provided by Excelerate, hereunder but not limited to the Excelerate Platform shall be owned by Excelerate.

8. Processing of personal data

1. Excelerate processes personal data with due observance of the General Data Protection Regulation and law. Information regarding name, address, e-mail, telephone number, etc. can solely be used in connection with orders, communication, and other specific purposes.
2. Excelerate complies with the rights of the data subject (including right of access, rectification, deletion, limitation of processing, objection, data portability, complaint and right not to be subject to a decision based solely on automatic processing, including profiling).
3. Excelerate will only store the data for as long as is necessary for the purpose for which it is processed. Excelerate can neither disclose, sell nor otherwise transfer information to third parties, unless the consent hereto is given.
4. If the Customer wants information on which data is being processed, having data erased or corrected, the Customer should contact Kaspar Hansen, CEO and Founder of Excelerate at [email protected]

9. Force majure

1. Either party shall be excused from any delay or failure in performance if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, strikes, lock-outs or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of nature. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the time period equal to the period of such excuse interruption. When such events have abated, the parties’ respective obligations shall resume. In the event the interruption of the excused party’s obligations continues for a period in excess of thirty calendar days, either party shall have the right to terminate the applicable contract(s) of sale, without liability, upon thirty calendar days’ prior written notice to the other party.

10. Miscellaneous

1. No waiver of any provision of these GTC shall constitute a waiver of any other provision(s) or of the same provision on another occasion. Failure of either party to enforce any provision of these GTC shall not constitute a waiver of such provision or any other provision(s) of these GTC
2. Should any provision of these GTC be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, such provision may be modified by such court in compliance with the law giving effect to the intent of the parties and enforced as modified. All other terms and conditions of these GTC shall remain in full force and effect and shall be construed in accordance with the modified provision.

11. Governing law and venue

1. These GTC and all contracts of sale entered into between Excelerate and The Customer shall be governed by and construed in accordance with the laws of Denmark without giving effect to any choice of law or conflict of law provisions. Any suits, actions or proceedings that may be instituted by either of Excelerate against the other shall be instituted exclusively before the competent courts of Denmark, however, without prejudice to our right to bring suits, actions or proceedings in any other court which would have jurisdiction if this provision had not been incorporated into these GTC.