Terms and Conditions

General Terms and Conditions of Sharemac GmbH (GTC)

1 Validity of the Terms and Conditions

1.1 Sharemac GmbH, Sögestrasse 54, 28195 Bremen, (hereinafter referred to as “Provider”) operates Sharemac, an online service for the rental of a variety of construction machines and other construction equipment (hereinafter referred to individually and collectively as “Equipment”). The online service enables its Users, among other things, to offer Equipment for rent, to rent Equipment and furthermore to conclude rental agreements.

1.2 These General Terms and Conditions of Use (hereinafter referred to as “GTC”) shall apply to all contractual services, such as the web-based functionalities, applications and services, which are made available to the User on the platform by the Provider.

1.3 All agreements made between the Provider and the User are exclusively governed by these GTC, the cancellation conditions and other guidelines that apply to the use of the platform and / or the contractual services. These are an integral part of the contract.

1.4 These GTC apply exclusively. Any terms and conditions of the User that conflict with or deviate from these GTC, even if known to the Provider, shall not become part of the contract unless the Provider has expressly agreed to their validity in writing.

1.5 The Provider is entitled to change and adapt these GTC during the term of the contract with effect for the future if this becomes necessary for a compelling reason, such as compelling operational reasons, the change of laws or jurisdiction, or if exclusively new services of the Provider (such as the expansion of the offer by providing additional services) are introduced. The Provider shall send the User the amended terms and conditions in text form prior to the planned entry into force and shall make special reference to the new provisions and the date of entry into force. At the same time, the Provider shall grant the User a reasonable period of at least four (4) weeks to declare whether he/she accepts the amended Terms of Use for the further use of the services. If no declaration is made within this period, which begins to run from receipt of the message in text form, the amended terms and conditions shall be deemed agreed. The Provider shall separately inform the User of this legal consequence, i.e. the right of objection, the objection period and the significance of silence, at the beginning of the period. This amendment mechanism does not apply to changes in the main contractual obligations of the Parties (with the exception of pure extensions of the Provider’s contractual services).

2. essential definitions

2.1 “Contract” means collectively these T&C, the Cancellation Policy and other policies applicable to the use of the Platform and / or the Contractual Services.

2.2 “Contractual Services” or “Services” means the services provided on or in connection with the Platform. The exact service content is conclusively defined in the respective valid service description on the website of the Provider at www.sharemac.de.

2.3 “Employees” means employees of Sharemac.

2.4 “Force Majeure” is an event that cannot be foreseen by either of the Parties. Force Majeure shall include, without limitation, (i) fire, explosion or other accident; (ii) storm, earthquake, tornado, flood, volcanic eruption or other natural disaster; (iii) war, threat of war, terrorism, insurrection or other civil commotion; (iv) epidemic, pandemic, quarantine restrictions or other restrictions imposed by public health measures; (v) strike or other industrial action by the Parties or their suppliers or their employees; or (vi) sanctions or embargoes.

2.5 “Lessor” means a User who is the owner of all necessary rights of Equipment and who rents or offers for rent the same through the Platform.

2.6 “Listing” means the placement of a Construction Equipment on the Platform offered for rent by a Lessor.

2.7 “Platform” means the entirety of the systems, infrastructure, content and information of the Provider and the User used for the provision of the contractual services, in particular the standard platform offer of the Provider, consisting of access to the websites and software of the Provider, the possibilities to rent Construction Equipment as well as that Users can communicate with other Users, the possibilities to rent Construction Equipment, organize technical support and related services, as further defined in these GTC and the relevant service descriptions.

2.8 “Software” means Sharemac’s system for renting Construction Equipment and the software underlying it.

2.9 “Special Equipment” means any Construction Equipment for which an official permit for transportation is required (hereinafter referred to as “Transportation Permit”), the requirements for such permit being usually determined by the weight and/or size of the Construction Equipment.

2.10. “Standard Equipment” means any Construction Equipment that is not Special Equipment. The term “equipment” includes both standard and special equipment.

2.11. “Lessee” is a user who rents or intends to rent construction equipment from a lessor.

2.12. “User” is the company or person named in the online registration form, which may be a natural or legal person or an association of persons, who use the platform and / or services for information or for the initiation or conclusion of contracts (in particular rental contracts), regardless of whether they intend to conclude such contracts or whether they actually conclude such contracts.

2.13. “User Content” means texts, photos, graphics, logos, videos, technical plans, drawings as well as data or other materials and / or information that Users create, develop, upload, copy, store, distribute and / or make available on or via the Platform.

3. subject matter of the contract

3.1 The purpose of the Platform is to provide a marketplace for the rental of Equipment, on which lessors and lessees of Equipment can meet and, in particular, to give lessors of such Equipment the opportunity to earn money by renting out their Equipment. Renters of equipment can generally be manufacturers, dealers, pure renters or other owners of suitable equipment.

3.2 The Provider neither acts as a lessor nor as a lessee, nor does it offer construction equipment for rent or sale itself, but it enables lessors to present their construction equipment on the Platform through advertisements and supports them to a certain extent in offering the construction equipment on the Platform, in concluding contracts between lessor and lessee, and in handling the rental process. In no case shall the Provider become a contractual party to rental or purchase contracts concluded between Users via the Platform.

3.3 Contractual relationships regarding the rental of construction equipment via the platform are entered into exclusively between Users. A Lessor offers its construction equipment to other Users in its own name and for its own account. A Lessor shall be solely responsible for the rental from a legal, economic and security point of view, in particular with regard to compliance with all applicable laws and regulations for the complete handling and support of the contractual relationships with other Users with regard to its construction equipment offered via the Platform; this shall apply in particular to the advertising of construction equipment on the Platform, the offering of construction equipment by sending e-mails to other Users and/or the use of sample documents or text modules, e.g. for offer or invoice forms. e.g. for offer or invoice forms, contract templates (e.g. rental agreements) etc. (hereinafter referred to as “sample texts”), which the Provider provides for Users on the platform at its own discretion. The use of the sample texts by the user is without guarantee. It is the user’s obligation to check sample texts legally and, if necessary, to adapt them to his case. The provider does not assume any liability that the respective sample text (e.g. sample of a rental agreement) is suitable for the case of application intended by the user. The user is not authorized to act in the name of the provider in business transactions. The User may freely decide whether to enter into a contractual relationship with other Users.

3.4 The subject of the contract is the permission to use the services via a remote data connection. The use of the Services does not include the provision of the software for local installation on the User’s IT systems. All rights to the parts of the platform used on the provider’s site (in particular hardware, source code, etc.) remain solely with the provider. The contractual services may contain components that are subject to open source software licenses. In this context, separate provisions may possibly apply.

4 Conclusion of contract

4.1 All offers of the Provider are non-binding and subject to change.

4.2 A User must be at least 18 years old and of full legal capacity to access or use the Platform or to set up a Sharemac account. By accessing or using the Platform, the User declares that he/she is at least 18 years old and of full legal capacity.

4.3 By completing the online registration process, during which the User must provide, among other things, personal data and a mobile phone number for verification purposes, the User bindingly declares its offer to enter into a contract with the Provider.

4.4 By agreeing to the General Terms and Conditions, the Privacy Policy as well as the Lease Agreement, the User gives his consent to the draft lease agreement. As soon as the lessor of the construction equipment confirms the request, a binding rental agreement is concluded between the lessor and the lessee of the construction equipment, which is then automatically stored for both parties under ‘My Transactions’.

5 Provision of the services covered by the contract

5.1 The Provider currently operates the platform and services under the domain www.sharemac.de. The Provider reserves the right to rename the services and / or the platform at its own discretion and / or to change to another domain.

5.2 The provider presents on the platform the advertisements of users who are registered as landlords. The layout, design, look & feel as well as the arrangement of the advertisements and the categories are determined by the Provider at his own discretion.

5.3 If a User sends a rental request or contact request for standard equipment via the Platform, it will automatically be forwarded to the respective lessor.

5.4 Notwithstanding anything to the contrary in this Agreement, the following provisions shall apply with respect to the conclusion of rental agreements between Lessor and Lessee.

5.4.1 A User may submit a non-binding and automatic request to conclude a rental agreement to the respective Landlord (hereinafter referred to as “Rental Request”) using the contact data provided or the contact form. In this case, the platform automatically forwards the rental request and other data submitted by the user to the landlord using the contact form.

5.4.2 The conclusion of a rental agreement, the provision of the contractually agreed services and the entire execution of the rental agreement are the sole responsibility of the respective Landlord and Tenant.

5.4.3 Unless provided by the provider, all details or other data relating to the construction equipment and other information in the advertisements are provided under the sole responsibility of the respective lessor. The Provider does not verify the accuracy or timeliness of such information, nor does the Provider assume any legal responsibility for it. The Provider cannot guarantee the accuracy or quality of such details or other data and Users are responsible for checking and verifying such data.

5.5 The following rules apply to a communication between the Lessor and the Lessee and the conclusion of rental contracts regarding a special equipment:

5.5.1 If a Lessor makes available on the Platform a Construction Equipment that the Platform recognizes as a Special Equipment, the Platform shall refuse to automatically rent the Special Equipment.

5.5.2 Therefore, when a Renter makes a rental request for Specialty Equipment, the rental request will not be automatically forwarded to the Renter. Instead, a staff member will call the renter after the rental request is made and the renter’s specific requirements for the special equipment (such as additional accessories, work environment, discounts, payment method, insurance, logistics, and other technical details, etc.). The employee then calls the special equipment rental company and informs them accordingly. After clarifying all relevant details and quantifying a rental price if it is missing from the listing, the employee calls the renter again and informs him accordingly. If both parties agree, the provider takes over the entire transaction process in the form of preparation of necessary documents, the lease agreement and, if necessary, conclusion of insurance and organization of logistics and sends the lease agreement and all necessary documents to both parties.

5.5.3 After the Lessor and the Lessee sign the documents and return them to the Provider as the institution storing these files, Provider sends an invoice to the Lessor for the incurred service fees according to the current price list of Provider. Lessor and any logistics or insurance partner, if applicable, shall send separate invoices for payment for their services to Lessee, who shall be the contracting party of such parties. In no case shall Provider be a contracting party of an insurance or logistics partner. Together with this information, Provider shall also send the respective contact persons on the part of Tenant and Landlord and, if applicable, the respective contact persons of the insurance or logistics partners.

5.5.4 Provider’s claim for remuneration of its services related to special equipment arises at the moment when the Lessee agrees to the Lessor’s rental price. For the avoidance of doubt, the Parties state that Provider shall be entitled to claim its remuneration from Lessor even if no rental agreement has been signed between the Parties based on Provider’s templates and the Parties decide to carry out the transaction without Provider’s further services. In order to secure and substantiate its claims for compensation, Provider reserves the right to record written and oral communications between Provider and Tenant and/or Landlord. Voice recordings are made only with the consent of the recorded party.

5.6 In order to promote the Platform and increase the reach of Advertisements to potential Tenants, Advertisements and User Content displayed on the Platform to other Users may be used on other websites, in apps, emails, and in online and offline advertisements. To help Users who speak different languages, Advertisements and other User Content may be translated in whole or in part into other languages. The Provider cannot guarantee the accuracy or quality of such translations and the User is responsible for verifying the accuracy of such translations.

5.7 The Provider shall provide the User with the use of the Services to the extent described on the Platform and at the availability levels agreed upon therein. The measuring point of availability is the service delivery point (as defined in the service description). The User acknowledges that a completely uninterrupted availability of the platform and services is technically not possible, especially since this may depend on factors that are not within the Provider’s sphere of influence.

5.8 The Provider reserves the right to change, expand or discontinue individual services, in particular if this is necessary to prevent misuse or if the Provider is obligated to do so due to legal regulations, while safeguarding the legitimate interests of the User and observing a notice period of three (3) weeks. If the contractual use of the contractual services by the User is not only insignificantly affected by this, the User is entitled to demand a price adjustment or to terminate the contract. The Provider may make improvements, extensions or adaptations of the contractual services to the state of the art at any time without notice, provided that the identity of the service is maintained.

6. granting of rights of use

6.1 Subject to full compliance with the provisions of the Agreement, the User shall be granted the non-exclusive, non-transferable, worldwide, non-sublicensable, non-transferable right, limited in time to the term of the Agreement, to use the platform and services of the Provider via the Internet to the extent granted in the Agreement for the business purposes of the User. The Provider expressly does not grant the User any rights beyond this, in particular rights to the software.

6.2 The User is not entitled to use the platform and services of the Provider beyond the provisions of this Agreement or to make them accessible to third parties. In particular, the User is not entitled to duplicate and/or sell the software or parts thereof against payment or free of charge or to pass it on to a third party in any other form, to enable a third party to use or take note of it or to use the software for a third party, in particular not to rent or lend it. The right of use shall expire upon termination of the contract for any reason whatsoever.

6.3 In the event of an unauthorized transfer of use, the User shall, upon request, immediately provide the Provider with all information necessary to assert claims against the unauthorized third party, in particular the name and address of the third party.

6.4 The User grants the Provider a non-exclusive, global, sublicensable, transferable, free of charge and permanent right to use the User Content. This includes in particular the right to process (e.g. encrypt or format), copy, modify, store (e.g. for hosting and caching), make publicly available, distribute, broadcast, use for advertising purposes in all media and / or in other ways that are necessary for the provision of the contractual services, to use commercially and make publicly available. It also includes the right to use the User Content or other data for internal testing purposes of the Platform. Upon completion of the registration process, the Provider is entitled to use the User’s logo and company name for promotional purposes on the platform and to advertise the platform in all media.

7 Prerequisites for use by the User

7.1 The use of the platform and services requires the presence of an Internet access with a bandwidth of at least one (1) Mbit/s at the User.

7.2 The Provider does not provide the User with access software. The following Internet browsers in the respective current version are suitable as access software: Firefox, Safari, Google Chrome. The User is responsible for the installation and procurement of the access software.

7.3 The provision of these requirements as well as the Internet access including the transmission services from the service transfer point (as defined in the service description) to the devices used by the User are not the subject of this Agreement, but are the responsibility of the User.

7.4 If access data (user name, password, etc.) is required for the use of the software and services, the Provider shall provide the User with such data upon conclusion of the contract, but no later than one week after conclusion of the contract in accordance with the specifications of the service description.

8. cooperation of the user

The parties agree that the provision of the contractual services depends significantly on the efficient and successful cooperation of the parties. Against this background, the User shall, among other things, fulfill the following duties to cooperate at no cost to the Provider. He shall in particular,

8.1. keep the access data assigned to him and, if applicable, other agreed identification and authentication safeguards secret, protect them from access by third parties and not disclose them to unauthorized third parties. This data shall be protected by appropriate and customary measures. The User shall inform the Provider immediately if there is any suspicion that the access data and/or passwords may have become known to unauthorized persons;

8.2. create the conditions for use specified in Section 7 and, if applicable, other conditions specified in the service description;

8.3. comply with the restrictions and obligations with regard to the rights of use pursuant to Section 6;

8.4. ensure that all industrial property rights and copyrights of the Users and third parties are observed when using the Platform;

8.5. not to use the services improperly or allow them to be used improperly, in particular not to transmit any information with illegal or immoral content or to refer to such information that serves to incite hatred, incite to criminal acts or glorify or trivialize violence, are sexually offensive or pornographic, are likely to seriously endanger children or young people morally or impair their well-being or may damage the reputation of the Provider or third parties;

8.6. refrain from attempting to retrieve information or other data without authorization, either by themselves or through unauthorized third parties, or to interfere with the platform or have it interfered with, or to penetrate data networks of the Provider without authorization;

8.7. to indemnify the Provider and its vicarious agents against all claims by third parties (including the costs of necessary legal defense) which are based on an unlawful use of the Services by the User or which are made with the User’s approval or which arise in particular from data protection law, copyright law or other legal disputes connected with the use of the Services. If the User recognizes or must recognize that such a violation is imminent, there is an obligation to inform the Provider immediately;

8.8 Within a certain period of time after the completion of a rental of Construction Equipment, Landlords and Tenants may (i) make a public rating (hereinafter referred to as “Rating”) and / or respond to the Provider’s standard questionnaire used by the Provider to provide a star rating for each User (hereinafter referred to as “Rating”). Each Rating reflects the opinion of individual Users and does not reflect the opinion of the Provider. Ratings are not reviewed by the Provider for accuracy (although the Provider reserves the right to do so) and may be incorrect or misleading. Reviews must be fair, truthful and factual and may not contain offensive or defamatory language. Users are prohibited from manipulating the rating and review system in any way, e.g. if a third party writes a positive or negative review of another member;

8.9 The Provider is entitled to block the User’s access to the Services for the duration of the breach of duty in the event of violations of the User’s duties under this Agreement that are not refrained from despite a reminder, as well as in the event of justified suspicions of a corresponding breach of duty, without the Provider’s claim to remuneration lapsing as a result;

8.10. It is clarified that a user can decide at his own discretion which of his user contents should be made visible to other users on the platform.

9. service fees and payment modalities

9.1 Provider may charge Users fees, including but not limited to fees for tenants (“Tenant Fees”) and/or landlords (“Landlord Fees”) (collectively, “Service Fees”) for using the Platform. These Service Fees are derived from the Provider’s price list (“Price List”), which is published on the Provider’s website in the most current version.

9.2 All applicable Service Fees (including any applicable taxes) shall be displayed to a Tenant or Landlord prior to the publication or booking of an Advertisement. The Provider reserves the right to change the Service Fees at any time and will notify Users of reasonable changes to the Fee changes before they become effective.

9.3 The Service Fees shall become due for payment in advance upon final confirmation of the order by the User and may be paid by the User through the payment service provider Mangopay used by the Provider (whose terms of use are available at www.mangopay.com/legal-notices/). Objections to invoices must be made in writing to the Provider. Invoices shall be deemed accepted by the User if they are not objected to within three weeks after receipt of the invoice.

9.4 The User has no right to use certain payment options not already offered by Provider. If, through the fault of the User or due to insufficient funds in the account for which the User is responsible, the Provider incurs chargebacks and/or cancellation fees as a result of the subsequent cancellation of direct debits or credit card collections, the User shall bear the costs incurred thereby.

9.5 In the event of default, the Provider shall be entitled to block access to the platform and the services until all claims arising from the business relationship with the User have been settled by the User, irrespective of the legal basis.

9.6 Only claims that are undisputed, legally established or in a synallagmatic relationship to the respective claim of the Provider shall entitle the User to set-off or retention.

10. claims in case of defects

10.1 The Provider warrants that the contractual services are not afflicted with any defects that nullify or diminish the value or the suitability for the usual use or the use assumed in accordance with the applicable version of the service description. An insignificant reduction in value or suitability shall not be taken into consideration.

10.2 The user is aware that it is not possible, given the state of the art, to provide software programs that are completely free of errors.

10.3 The User shall notify the Provider in writing of any defects without undue delay, at the latest within seven (7) days.

10.4 The User shall provide the Provider with all necessary information, documents or data for the analysis and elimination of defects and, in exceptional cases, allow and permit access to the User’s servers, if necessary.

10.5 The Provider shall remedy defects by repair or subsequent delivery. If this finally fails or is impossible, the User shall be entitled to demand a reduction in price or to withdraw from the contract. A self-remedy of defects by the user or by third parties commissioned by him is excluded. The User may only claim damages within the scope of Section 11.

10.6 The warranty shall not apply if the User modifies software programs himself or has them modified by third parties without the consent of the Provider, unless the User proves that the defects in question were not caused by the program modifications made by him or the third party.

10.7 The Provider does not assume any warranty for test and/or beta versions of the platform and/or other applications that can be used by the User free of charge.

11 Liability of the Provider

11.1 The Provider shall be liable without limitation for damages due to intentional or grossly negligent acts, culpable injury to body, life and/or health, in the event of a breach of a warranty expressly designated as a “warranty”, and in the event of mandatory legal liability under the Product Liability Act.

11.2 In cases of slight negligence, the Provider shall be liable for breach of a material contractual obligation (“cardinal obligation”). A cardinal obligation in the sense of this clause is an obligation the fulfillment of which makes the execution of the contract possible in the first place and on the fulfillment of which the Lessee may therefore regularly rely.

11.3 The liability according to the above clause 11.2 is limited to the typical and foreseeable damage at the time of the conclusion of the contract.

11.4 The liability of the foreseeable and contract-typical damage of the Provider is limited in amount per case of damage for personal injury and property damage to the business liability insurance taken out by the Provider with a coverage amount of EUR 5 million.

11.5 The Provider shall not be liable for slight negligence in all other cases, in particular for indirect damages, lost profits and missed savings.

11.6 The strict liability of the Provider for damages (§ 536 a BGB) for defects existing at the time of conclusion of the contract is excluded. Clauses 11.1 to 11.5 remain unaffected.

11.7 The Provider does not assume any warranty for the content of the User Content that can be accessed via the platform, insofar as this content has been uploaded by third parties, in particular because a prior check of the content does not take place and cannot be performed by the Provider by its very nature. The provider is neither liable for their correctness, topicality or completeness, nor for the fact that they are free of third party rights and/or that the user has acquired them legally.

11.8 The User is responsible for the regular backup of his data in appropriate intervals. In the event that the Provider is liable on the merits for a loss of data, this liability shall be limited to the amount that would be required to restore the data if such reasonable regular backups had been made.

11.9 The Provider shall not be liable for data loss caused by technical failures, interrupted data transmissions or other problems arising in this context that are not within the Provider’s sphere of influence (e.g. malfunctions on the transmission paths of the telecommunications service providers or the Internet).

11.10. The Provider shall not be liable for disruptions in quality and/or interruptions in access due to force majeure or due to events for which the Provider is not responsible, in particular the failure of communication networks and gateways. Unless otherwise provided for in the applicable version of the service description, the Provider does not warrant that the service will function without interruption or error.

11.11. The aforementioned liability regulations of clauses 11.1 to 11.10 also apply in favor of the Provider’s bodies, employees, representatives and/or vicarious agents.

12 Liability of the User

12.1 The User shall indemnify the Provider upon first request against all claims asserted by other Users or other third parties against the Provider for infringement of their rights due to advertisements posted by the User, User content or links or in general due to the use of the platform by the User, unless the User is not responsible for the infringement. This indemnification applies in particular to the violation of competition, copyright, trademark, patent, name and/or other industrial property rights.

12.2 The aforementioned indemnification obligation shall also apply to any claims made against the Provider by public authorities, law enforcement agencies or other public bodies due to User content that the User has posted on the platform in violation of the provisions of these GTC. Furthermore, the User undertakes to reimburse the Provider for all necessary expenses incurred by the Provider as a result of third parties taking justified action against the Provider due to the infringement of their rights by the content posted by the User. This includes in particular the necessary costs of an appropriate legal defense.

12.3 If claims are asserted against the Provider by third parties due to possible infringement of their rights by the content posted by the User, the User shall support the Provider to the best of his ability in defending himself against the claims asserted by the third parties. This includes, in particular, that the User will provide the Provider with copies of all documents available to the Provider regarding the allegedly infringing content upon written request by the Provider.

13 Data Protection and Data Security

13.1 The Parties shall comply with the applicable data protection regulations, in particular those applicable in Germany.

13.2 If the User collects, processes or uses personal data, the User warrants that he/she is authorized to do so in accordance with the applicable provisions, in particular the provisions of data protection law, and in the event of a breach shall indemnify the Provider against any claims by third parties. If and insofar as the Provider owes the collection, processing or use of personal data on behalf of the User on the basis of the contract or – for example by way of remote access to the User’s systems – can access the User’s personal data, the parties shall conclude an agreement on commissioned data processing in accordance with the then applicable provisions of data protection law, the template for which shall be provided by the Provider.

14 Confidentiality

14.1 The Parties undertake to keep secret from third parties any documents, knowledge, experience and information relating to products, services, know-how and technology which become known to the other Party or are provided to the other Party within the scope of the performance of this Agreement (hereinafter referred to as “Confidential Information”).

14.2 The obligation to maintain secrecy pursuant to Section 14. 1 above shall not apply to information if and to the extent that (i) such information was already lawfully in its possession prior to disclosure and without any obligation to maintain secrecy, (ii) such information has been published or has otherwise become generally known without its fault, (iii) such information has been lawfully disclosed to it after the conclusion of the Agreement by one or more third parties without any obligation to maintain secrecy, i.e. without any breach of this Agreement by the receiving Party; (iv) they are released in writing by the disclosing Party; (v) they have been made available to a third party by the disclosing Party without corresponding obligations and restrictions; or (vi) they are required to be disclosed pursuant to statutory or administrative provisions, if the disclosing Party is notified of this requirement without undue delay and the scope of disclosure is limited to the extent possible, or are required to be disclosed pursuant to a court decision, if the disclosing Party is notified of this decision without undue delay and if there is no possibility of appealing the decision.

14.3 The Parties shall use this information solely for the purpose of fulfilling the obligations under this Agreement. The Parties shall also be obliged to oblige their employees and other persons involved in this Agreement and its execution to observe this confidentiality in an appropriate manner.

14.4 The User may use the name, logo and trademarks of the Provider for its own marketing purposes only after prior written approval by the Provider.

14.5 The confidentiality provisions under this Section 14 shall continue to apply for a period of two (2) years after termination of the Agreement.

15. engagement of subcontractors

The Provider shall be entitled to have individual or all of its service obligations performed with the help of third parties (e.g. by subcontractors). The Provider shall be liable for the performance of services by subcontractors as for its own actions.

16 Term of Contract and Termination

16.1 Unless expressly agreed otherwise, the term of the contract shall commence on the date stated as the start of the contract in the Provider’s order confirmation. The minimum term of the contract is one (1) month. The existing contract shall be automatically extended by one (1) additional month unless it is terminated with a notice period of two (2) weeks prior to the expiration of the basic term or the respective extension period.

16.2 The right to extraordinary termination for good cause shall remain unaffected. In this respect, the statutory provisions shall apply. A sale of individual business units of the Provider or a change of shareholders shall not constitute a special right of termination on the part of the User. The Provider shall be deemed to have good cause in particular if the User violates its obligations under Section 8 even after a warning has been issued.

16.3 Any termination must be made at least in text form.

17. obligations upon and after termination of the contract.

17.1 At the request of the User, the Provider shall make all data stored by the User available to the User by way of remote data transmission or download.

17.2 The User’s data shall be blocked immediately after a termination has become effective and all outstanding payment obligations have been paid in full, and shall be deleted after the relevant statutory retention periods have expired. The user is entitled to demand the deletion (or as long as there are legal retention obligations, the blocking) of the data within a reasonable period of time.

18 Right of revocation and instruction

Insofar as the User is a natural person and concludes the usage contract with the Provider for the provision of services here in the form of the use of the platform for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity and he is thus a consumer within the meaning of § 13 BGB, he is entitled to a statutory right of revocation. Details on the right of withdrawal, instructions and withdrawal form can be found here.

19. dispute resolution

19.1 The provider does not participate in a dispute resolution procedure before a consumer arbitration board. The provider is rather interested in solving disputes with end customers directly. For this purpose, the end customer can always contact the customer service.

19.2 Reference to online dispute resolution pursuant to Article 14 (1) ODR Regulation (EU No. 524/2013): The European Commission provides a platform for online dispute resolution (OS), which can be found here http://ec.europa.eu/consumers/odr/.

20 Force majeure

If the performance of the contractual obligations is hindered by an event of force majeure, the affected party shall be released from the obligation to perform the affected obligations for the duration of the event of force majeure. The affected party shall immediately inform the other party in writing about the circumstances that led to the occurrence of Force Majeure. As long as the Provider is prevented from providing the contractual services due to an event of Force Majeure, the User shall be released from its obligation to pay.

21 Limitation

Claims of the User due to defects shall become statute-barred within twelve months after the provision of the contractual service, unless the Provider has fraudulently concealed the defect of title; the statutory limitation period for claims for damages of the User shall remain unaffected.

22 Choice of Law, Place of Jurisdiction and Final Provisions

22.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the provisions of international private law.

22.2 In the event that the User is a merchant, the place of jurisdiction for all legal disputes arising from or in connection with this contractual relationship shall be Bremen (Amtsgericht or Landgericht), subject to mandatory deviating statutory places of jurisdiction. The provider reserves the right to take legal action at other legally competent courts. Arbitration proceedings are not agreed.

22.3 There are no collateral clauses outside this contract and its annexes. Amendments or supplements to this Agreement must be made in writing to be effective. This shall also apply to any waiver of the written form requirement.

22.4 Should individual provisions of these GTC be invalid, this shall not affect the validity of the remaining provisions of the contract.

Hotline:
+49 421 83679700