General Terms and Conditions (GTC) - WirSindDu

General Terms and Conditions (GTC)

1. Validity of the GTC and subject matter of the contract

  1. WirSindDu GmbH operates an internet portal for the network “WirSindDu” under the URL https://wirsinddu.eu.

  2. WirSindDu GmbH operates this Internet portal exclusively on the basis of these General Terms and Conditions (hereinafter “GTC”).

  3. The subject of these GTC is the provision and use of the Internet portal https://wirsinddu.eu.

  4. Customers are registered users of the Internet portal who have concluded a contract with WirSindDu GmbH, or who have accepted the GTCs, for the use of the Internet portal.

  5. WirSindDu GmbH reserves the right to change these GTC at any time. The customer will be informed about changes in due time by e-mail before they come into force. If the customer does not object in writing to WirSindDu GmbH within 14 days after receipt of the change notification, the changed GTC are considered accepted.

2. Registration and contract conclusion

  1. In order to use the Internet portal for the “WirSindDu” network, the user must register at https://wirsinddu.eu. This registration is free of charge. The contractual relationship between the customer and WirSindDu GmbH is established with the upload of a story.

  2. The customer must agree on individual service packages. In addition to a free service package for private persons, service packages for commercial persons, which must be agreed upon, are offered. The contractual relationship between the customer and WirSindDu GmbH comes into effect with the binding selection of the respective service package.

  3. Within the scope of registration, a customer account (“Account”) is created for the customer, within which the customer can manage his settings and access the respective services of the service package.

  4. With the registration, the customer assures that all data transmitted by him in the context of the registration itself, as well as within the account created in the process, concerning his person and/or his company, are complete and correct in terms of content. The use of pseudonyms is not permitted.

  5. WirSindDu GmbH is entitled to refuse the conclusion of a contract without giving reasons. In case of an incomplete registration WirSindDu GmbH is entitled to delete the created account of the customer within one week.

3. Content of contract

  1. The content of the contract is determined by the respective service package decided by the customer.

  2. The scope of services, as well as the amount of the remuneration to be paid by the customer, results from the respective description of the service package.

  3. Indicated prices are net prices plus statutory value added tax.

4. Contract duration and termination

  1. The duration of the contract concluded between the customer and WirSindDu GmbH is 12 months and is extended by a further 12 months in each case if the contract is not terminated in writing vis-à-vis WirSindDu GmbH with a notice period of 14 days to the end of the contract period.
  2. The right to terminate the contract without notice for good cause remains unaffected.
  3. An important reason for termination exists in particular if:
  4. the customer is still in default of payment despite a reminder,
    the customer continues to violate the provisions of these GTC despite a request to cease and desist, or
    an application for the opening of insolvency proceedings has been filed against the customer, such proceedings have been opened or have been rejected due to lack of assets.
      • the customer is still in default of payment, despite a reminder
      • the customer continues to violate the provisions of these GTC, despite a request to cease and desist, or
      • an application for the opening of insolvency proceedings has been filed against the customer, such proceedings have been opened or have been rejected due to lack of assets.

5. The termination must be in writing in any case.

5. Payment

  1. The payment to be made by the customer depends on the service package selected by him within the framework of the contract. Details of this can be found in the respective description. Invoices for this will be sent to the customer by e-mail when they are due.

  2. Payment is due immediately and is net plus the statutory value-added tax.

  3. WirSindDu GmbH reserves the right to change the amount of payment at any time. In the case of current contracts, the change will only be made at the beginning of the following contract period. The customer will be informed about the change of the remuneration.

  4. In addition to using the payment methods PayPal, Sofortüberweisung, by credit or debit card, the customer can also issue a SEPA company authorization. The direct debit will be collected 10 days after the invoice date. The period for advance notice is at least one day before the amount is debited. The customer guarantees to ensure that the account is covered. Costs incurred due to non-payment or chargeback of the direct debit will be borne by the customer as long as the non-payment or chargeback was not caused by WirSindDu GmbH.

  5. For each reminder issued, WirSindDu GmbH is entitled to charge reminder costs.

    If the customer defaults on payments, WirSindDu GmbH has the right to refuse the fulfillment of due services to the customer and to block access to the account until the default has been remedied. In such cases, WirSindDu GmbH will notify the customer of the blocking in advance and in due time, setting a deadline for the elimination of the default. Beyond this, WirSindDu GmbH is entitled to demand default interest in the amount of eight percentage points above the base interest rate. In all other respects, Article 4.3. remains unaffected.

6. Responsibility and duties of the customers

  1. The customer is solely responsible for adjusting and updating the individual settings.

  2. The customer undertakes to use the services of the Internet portal for the network “WirSindDu” exclusively for the contractually agreed purposes. Access to these services is exclusively through the agreed channels. The customer may not circumvent, remove, switch off or otherwise render inoperable the security measures set up by WirSindDu GmbH.

  3. The customer must comply with appropriate technical and organizational security standards and ensure that no security-relevant computer code from its systems enters the systems of WirSindDu GmbH. The customer is also responsible for monitoring the proper use of the contractual services by his employees.

  4. The customer must ensure that the contractual use by WirSindDu GmbH of the information, data and materials provided by him does not violate the rights of third parties. Before providing WirSindDu GmbH with corresponding information, data and materials, the customer is obligated to check whether this information, data and materials may be used within the scope of the agreed services in accordance with the contract and, if necessary, to provide the required rights of use and obtain the consent of third parties. The customer indemnifies WirSindDu GmbH from all claims of third parties resulting from a violation of the aforementioned obligations. The indemnification also includes the costs of a necessary legal defense.

7. Inadmissible content

  1. Posting, sending or otherwise making available any content is prohibited if such content constitutes or contains any of the following:
    1. Intentional misinformation, insults
    2. Defamation, obscenity or lies
    3. Threats agains other users, providers or third parties
    4. Hearsay information and unverified statements by third parties
    5. Communications of irrelevant facts
    6. Content that contains hurtful statements and comments
    7. Content that is pornographic, obscene, abusive, vulgar or otherwise objectionable
    8. Content that poses a security risk as a carrier of malicious code
    9. Content that is undesirable, especially content of a discriminatory, racist, inhuman, radical, religious, xenophobic, Nazi, pornographic or otherwise sexually degrading nature.
    10. Statements or actions of any kind that violate legal regulations, in particular the Criminal Code (StGB), Narcotics and Drugs Act, Youth Protection Act (JSchG), Competition Law (UWG), Copyright and Trademark Law and other protective and personal rights of third parties.
  2. If the customer violates the obligations incumbent upon him according to these GTC, WirSindDu GmbH is entitled to block access to the services of the Internet portal for the network “WirSindDu” or to delete the customer’s account, to delete content that violates the contract or the law or to change it to a permissible level, to terminate the present contractual relationship and/or to refuse a renewed application (registration) by the customer. Claims of the customer due to such measures against WirSindDu GmbH are excluded.

8. Changes in performance and availability

  1. WirSindDu GmbH reserves the right to expand, change or restrict functions, insofar as this serves technical progress or is necessary to prevent misuse, or WirSindDu GmbH is obligated to do so due to legal regulations. If the change in the scope of functions not only insignificantly impairs the contractual use of the service by the customer, the customer has the right to change the tariff or terminate the contract.

  2. WirSindDu GmbH endeavors to provide the Internet portal for the “WirSindDu” network to its customers with unrestricted availability. Excluded from this are times that are not within the sphere of influence of WirSindDu GmbH (e.g. force majeure, strike, fault of third parties, disruptions of the IT infrastructure or Internet access of the customer) as well as outages due to necessary maintenance.

  3. Foreseeable outages due to maintenance work are excluded.

9. Liability

  1. The liability of WirSindDu GmbH, regardless of the legal grounds, is excluded to the extent permitted by law, unless WirSindDu GmbH is guilty of intent or gross negligence. In case of injury to life, body and health, as well as in case of violation of essential contractual obligations, WirSindDu GmbH is also liable for simple negligence, whereby the liability in case of violation of obligations, the fulfillment of which enable the proper execution of the contract in the first place and on the compliance with which the contractual partner may regularly rely, is limited to the typically foreseeable damage.
    Liability under the Product Liability Act remains unaffected.

  2. The liability of WirSindDu GmbH is also excluded to the extent permitted by law.

  3. WirSindDu GmbH also has no influence on the transport of data via the Internet.

  4. Unforeseeable events, such as force majeure, strikes, official measures, failure of transmission means or other disruptions for which WirSindDu GmbH is not responsible, release WirSindDu GmbH from its obligation to perform and warranty.

10. Confidentiality and data protection

  1. The contracting parties commit themselves to treat all confidential information that becomes known to them during the execution of this contract as confidential and to use it exclusively for contractually agreed purposes and not to pass it on to third parties or to exploit it. The contracting parties shall oblige their employees, freelancers and other companies (independent and affiliated) involved through them accordingly.

  2. Confidential information within the meaning of this provision is information, documents, details and data which are designated as such or which by their nature are to be regarded as confidential.

  3. The customer, as well as WirSindDu GmbH, will observe the applicable data protection regulations. In this context, WirSindDu GmbH refers to its privacy policy, the current form of which is available on the website wirsinddu.eu, and which hereby becomes part of these GTC.

11. Final provisions

  1. German law shall apply.

  2. If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, Stuttgart shall be the exclusive place of jurisdiction for all disputes arising from this contract.

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