1. General Terms
The General Terms and Conditions (hereinafter: GTC) are authoritative concerning all contracts concluded between Imatal net GmbH and its respective contractual partners. Mutual rights and obligations between Imatal net GmbH and the contractual partners are determined by the subject of the contract and the GTC, unless expressly agreed otherwise.
The contractual partner agrees that the entire business relationship is solely based on the GTC of Imatal net GmbH. If the contractual partner also has a GTC in use, and concludes a contract based on this, the GTC of the Imatal net GmbH’s contractual partner is only valid if Imatal net GmbH has given its expressive written consent.
2. Subject of the Contract
Imatal net GmbH offers its contractual partners the visualization of their own profile of services in the form of a player databank; moreover, the insight to player profiles through online surfaces. The subject of this contract is explicitly not the preparation or the mediation of contracts for the teams of the Austrian Football Association, the National Football Association of the Republic of Austria, or the Austrian Federal Football League, for the teams of the UEFA of the FIFA, and explicitly does not contain any services under the regulations of the Austrian Football Association pertaining to player agents or under the regulations of UEFA and FIFA pertaining to player agents. The offer of Imatal net GmbH contains free and fee-paying services as well. Imatal net GmbH cannot be obliged to mediate contracts, and does not accept such or similar offers. The offer of Imatal net GmbH is targeted to players who are seeking teams, and to teams or third persons who are seeking players.
3. Contractual Services
3.1. Free Services
Following registration, all visitors of Imatal net GmbH’s website, www.scouting11.com may query the profiles of players in Imatal net GmbH’s data bank based on the given form, by the following aspects: player’s position, age, regional limitation, along with teams seeking players based on player’s position, the country-specific association membership and regional limitation. Providing the relevant contact details form a part of fee-paying services.
3.2. Fee-Paying Services
In case of paid services Imatal net GmbH offers a selection of products. The costumers find the paid services on www.scouting11.com in their respective latest version. The costs for the paid services are shown under the heading "Premium".
Contracts regarding the ordering of payable services of Imatal net GmbH, in accordance with the process published on the www.scouting11.com platform, along with the acceptance of the GTC are to be concluded online or offline; registration is necessary in accordance with the process published on the platform. Concluding of the contract is carried out by means of the written confirmation sent in e-mail by Imatal net GmbH or by recording in Imatal net GmbH’s data bank. Following registration and the ordering of the fee-paying services, the customer is bound by the contract notice and it cannot be revoked.
3.2.2. Right to Reject
Imatal net GmbH reserves the right to reject any orders without justification, especially if the orders based on their contents or sources are questionable, do not meet the technical specifications, or collide with good taste. In such cases, the process of registration will not be closed, and the customer will be immediately noticed in written form, via e-mail. In case of a rightful rejection of an order, the customer can hold no claims against Imatal net GmbH.
3.2.3. Services for Players, Employees, Coaches
The player, Employee, Coach can forward electronically – in conformity with the process defined in Section 3.2.1 – his data sheet (profile) to Imatal net GmbH, which contains his name, birthdate, a copy of an authenticated ID photo, one or more photos no larger in size than 5000 KB per image, contact details, electronic address in the optionally available social networking sites, and an optional video recording in which he appears as a player. In case of minor age players, written consent of legal representatives is also to be forwarded to us, in conformity with the mode explained on the www.scounting11.com platform.
Imatal net GmbH publishes the datasheet of the player, employee, coach for the period of time requested by the player, employee, coach; it is possible to publish for a few days, for one or more weeks, one or more months, or up to a whole year. The actual costs of the requested period of publishing are visible on the price list of the actually valid version. The contract automatically terminates at the end of the requested publishing period. Following the termination of the contract, the profile will be automatically removed from the data bank. Following registration and the input of the player’s profile data, in the absence of other agreements, Imatal net GmbH commits to the immediate publication of the profile in the data banks and makes it available to visitors without undue delay.
3.2.4. Services for Associations/Agents / Third Persons
Associations/Agents may register through a legal entity, legal persons through their legal representative, and third persons through forwarding a copy of an official ID with photo in accordance with the process described in Section 3.2.1. Associations or third persons may advertise vacant player positions or may order the publication of the profile of a desired player (hereinafter: advertisement).
Imatal net GmbH publishes the vacant player position or the profile of the desired player for the period of time requested by the association or by the third person; it is possible to publish for a few days, for one or more weeks, one or more months, or up to a whole year. The actual costs of the requested period of publishing are visible on the price list of the actually valid version. The contract automatically terminates at the end of the requested publishing period. Following the termination of the contract, the player’s profile will be automatically removed from the data bank. Following registration and the input of the player’s profile data, in the absence of other agreements, Imatal net GmbH commits to the immediate publication of the profile in the data banks and makes it available to visitors without undue delay.
3.2.5. Forwarding of Contact Information
If a registered association or a third person clicks on the player profile, or if a registered player clicks on the advertisement of an association or a third person, contact information – against a fee determined on the price list (pay per click) – will be mutually exchanged by Imatal net GmbH. The registered player and the registered association give their consent to the mutual exchanging of their data forwarded to Imatal net GmbH.
Reckoning is carried out by means of electronic transfer (Paypal, etc.) or through valid credit cards, following the successful registration and contracting, or the forwarding of contact information with any method in accordance with section 3.2.5. Customer receives the invoice in an electronic form, forwarded to the e-mail address he has provided.
Imatal net GmbH owns the exclusive copyrights and/or other service protection laws of all advertisements created and published. Unless otherwise agreed in written form, no waiver of copyrights and/or other service protection rights in favor of the contractor is connected with the payment of fees by the contracting party, among others, for the creation of the HTML-Layout by Imatal net GmbH.
6. Place of Publishing
6.1. Based on the contract, Imatal net GmbH is entitled to initiate the publishing of the advertisements of the contracting party on its websites, and within the framework of an optionally available cooperation with a third party, on the platforms of Imatal net GmbH’s cooperating partners’ platforms.
6.2. Linking/ Framing
The contracting party acknowledges that the current technical possibilities cannot completely rule out the possibility of other service providers copy from the data bank, link, and/or republish as their own offer using frames the advertisements published by Imatal net GmbH. The contracting party makes immediately available all the optionally necessary consent forms, which make it possible for Imatal net GmbH to prevent copying, linking, and/or framing within the framework of technically and legally possible processes. If the unlawful linking and/or framing still takes place, the contracting partner may not raise any claims against Imatal net GmbH.
6.3. Modifying the Text of the Advertisement
Upon the request of the contracting party, Imatal net GmbH declares its willingness to modify the text of the forwarded advertisement up to the technical possibilities in a way that during the modification, the essential subject matter of the original advertisement shall not change to an extent which would result in a new advertisement. To clarify: in conformity with this paragraph, by modification, we mean the modification of the contact information and the personal data.
6.4. Preservation of the Advertisement
Unless otherwise agreed in writing, Imatal net GmbH is not obliged to preserve the advertisement with all available photos and/or videos.
7. Disclaimer of Liability
7.1. Technical Access
If possible, maintenance works, updates or similar interventions are scheduled without loss in accessibility or with losing the shortest possible time. These works are announced on the website as early as possible. No claims shall be raised against Imatal net GmbH due to suspending of the service, unless the suspending is caused intentionally or gross negligence.
7.2. Warranty, Error, Compensation
Imatal net GmbH warrants the preparation and publication of the contracting party’s advertisement in conformity with the general, actual technical standard. The contracting party acknowledges that it is technically impossible to create a completely errorless program. When displaying the requested information, difficulties caused by inappropriate software and hardware use or the deficiency of the communication network are not regarded as errors.
Imatal net GmbH is only liable in case of intent or gross negligence. Compensation of the lost profit by Imatal net GmbH is impossible in all cases.
8. Applicable Law, Authoritative Court, Seat
Contracts concluded upon the GTC are subject to Austrian law. In conformity with Section 104 of the Jurisdictional Standard and Article 23 of the EuGVVO, parties appoint the court of Graz (Austria) as the competent court.
Seat of Imatal net GmbH: 8020 Graz, Reininghausstraße 72.
9. Salvatori Clause, Side Agreements, Others
9.1. If any of the points of the GTC become unauthoritative, the rest of the points remain unconcerned regarding authority. Parties oblige themselves to phrase a possibly similar authoritative regulation as a replacement to the point which became unauthoritative.
9.2. Oral side-agreements are not valid. All agreements, subsequent changes, amendments, side-agreement are necessary to be written. The same applies to the deviation from the requirement of the written form.
9.3. The contracting party shall immediately announce in writing if modifications took place in his signature. Electronic messages are regarded as written forms of communication.