General Terms and Conditions
Provider of these terms and conditions is:
Telephone: +49 6332 9070185
§ 1 General information
(1) paulusresult operates an online portal with a b2b web shop especially for advertising and offering services in the areas of profitability evaluation and increase as well as for measuring and increasing customer satisfaction.
(2) The mere use of the online portal and a mere visit to the B2B web shop are free of charge for interested parties and customers.
(3) If it comes between a customer and paulusresult to a contract conclusion over certain products or services the services taken up by the customer are to be remunerated on basis of the agreement made in each individual case. Further details can be found in the respective contract concluded with the customer.
§ 2 Definitions
(1) “paulusresult” is the paulusresult GmbH, the operator of the online portal and the regular provider of the services advertised and offered on the websites and in the b2b-Webshop.
(2) “service providers’ are companies involved in the execution of contracts and the provision of services to customers.
(3) “Customers” are all entrepreneurs who use the portal of the company and have concluded a contract with paulusresult.
(4) “Interested parties” are all natural persons or companies who use the online portal of paulusresult or are interested in concluding a contract with the service provider and thus in a chargeable use of the customer satisfaction terminals.
(5) “Consumer” is any natural person who wishes to use the online portal of paulusresult and the services offered through it for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity.
(6) “Entrepreneur” is any natural or legal person or partnership with legal capacity who would like to use the online portal of paulusresult and the services offered through it in the exercise of their commercial or independent professional activity.
§ 3 Validity / inclusion of the general terms and conditions of service providers
(1) These general terms and conditions apply to all interested parties and customers for the use of the online platform made available by paulusresult, for all business actions undertaken in connection with the conclusion of a contract with paulusresult as well as for the execution and termination of the contract between the contracting parties.
(2) In addition to the present general terms and conditions, the general terms and conditions of a service provider can be included in the contract in the relationship between the customer and paulusresult and thus also be made the subject of the contract concluded between the parties. If necessary, the customers will be informed about the inclusion of the general terms and conditions of a service provider in good time and will be informed where they can be called up.
(3) Terms and conditions of the interested parties and customers do not apply, even if paulusresult or the service provider do not separately contradict their validity in the individual case. Even if reference is made to a letter which contains or refers to the terms and conditions of an interested party or a customer, this does not constitute agreement with the validity of those terms and conditions.
§ 4 Subject matter of the contract / contractual partner
(1) The exact object of a contract concluded between a customer and paulusresult results from the agreement made with the customer in the respective individual case (Special Terms and Conditions). The present general terms and conditions represent only a rough framework for the individual contractual relations between the customer and paulusresult.
(2) paulusresult is regularly the direct contractual partner of the customer and is directly responsible for the contractual provision of services to the customer, unless a different agreement is made with the customer in individual cases.
§ 5 Exclusion of consumers
(1) Only entrepreneurs according to § 2 passage 6 are permitted as customers. Consumers within the meaning of § 2 passage 5 are not considered as contractual partners.
(2) paulusresult is entitled at any time to demand meaningful proof of an interested party or customer for their entrepreneurial status.
§ 6 Regulations and information on the conclusion of the contract
(1) All paid offers of paulusresult represent only a non-binding and non-binding invitation to submit offers by interested parties or customers (invitatio ad offerendum).
(2) A (free) service contract between the interested parties or customers and paulusresult is already concluded by calling up the websites and using the online portal of paulusresult.
(3) In order to order a specific service offered in the b2b-Webshop, the desired article(s) must first be marked for ordering in the online portal by clicking on the “Add to shopping cart” link. In the “Shopping Cart” (which you can reach at any time via a link) you will be guided through the ordering process by clicking on the “Checkout” button, explaining each step and requesting the necessary information. Interested parties and customers are only required to provide truthful and complete information in their own interest. The ordering process is completed when the customer clicks on the button “Order for a fee” at step 5 (“Confirmation”) after accepting the GTC. This is the offer of the interested party or customer to conclude the contract, which the service provider can accept within two 72 hours after receipt.
(4) The acceptance of the conclusion of the contract takes place if necessary by paulusresult through a corresponding order confirmation by e-mail or through the performance of the contractually agreed service.
(5) paulusresult saves the contract text and sends the customer the order data and the contract conditions by e-mail. In this way paulusresult provides the customer with the possibility to retrieve the terms of the contract upon conclusion of the contract and to save them in a reproducible form.
(6) In order to detect and prevent input errors during the ordering process, the Customer is presented with an overview page for checking purposes before the effective order is placed, with the help of which he can check all details of the order and correct the entered data in the input fields themselves or by using the “Back” button of the Internet browser.
(7) The contract language is English.
§ 7 Rights and obligations of customers
(1) Interested parties and customers are obliged to provide complete and truthful information on all mandatory data requested by them when using the portal. Only the use of clear names is permitted. The use of pseudonyms or fun requests are not permitted.
(2) At the express request of paulusresult, interested parties and customers are obliged to submit meaningful proof of their identity or of the existence of a company for which they are acting or of the authority to represent a named company.
(3) The customer can provide paulusresult with his company logo, in particular a logo, to be attached to any customer satisfaction terminal ordered by him for the necessary adaptation. Before the use on the terminal(s) paulusresult asks the customer to release the company logo to be affixed in the form of the created concrete adaptation. A successful release by the customer is binding and cannot be revoked afterwards.
§ 8 Rights and duties of paulusresult / Availability / Subcontractor
(1) The online portal and the b2b webshop of paulusresult are regularly maintained and kept up to date. The entries on the portal as well as in the b2b webshop are made via a secure 256 bit SSL encryption. Furthermore, paulusresult ensures that an appropriate and up-to-date technical standard is maintained and observes the principles of data protection and data security.
(2) The contracting parties are aware that it cannot be guaranteed that a portal made available online for retrieval is one hundred percent error-free and available. Due to technical disturbances or maintenance work, a temporary failure of the retrievability and availability of the portal can occasionally occur. paulusresult will keep any downtimes as short as possible and carry out any pending maintenance work in marginal periods.
(3) paulusresult assures interested parties and customers an availability of the online portal of 98.5% over the year.
(4) In the course of the execution of the contract and the provision of services paulusresult is authorized to involve subcontractors in the provision of the service to the customer.
§ 9 Prices, terms of payment and delay
(1) The customer undertakes to pay the agreed remuneration plus statutory VAT for the service to be rendered in the individual case. (in the respective current amount) within 14 days after receipt of an invoice – without deduction. Payment can be made on account or by paypal. The exact terms of payment can be regulated between the parties also deviating from this individual contract. Unless otherwise agreed, payment shall be based on the price list valid at the time the contract is concluded.
(2) The customer has to raise objections against the accounting of the rendered services within a period of four weeks after receipt of the invoice in writing at paulusresult. After expiration of the aforementioned period, the invoice is deemed to have been approved by the customer. paulusresult will inform the customer about the importance of his behaviour specially together with the invoice.
(3) The consequences of any delay in payment by a customer shall be governed by §§ 286 et seq. of the German Civil Code (BGB). BGB (GERMAN CIVIL CODE).
§ 10 Warranty / Liability
(1) Claims for damages against paulusresult are basically excluded regardless of the legal basis, unless paulusresult, its legal representatives or vicarious agents have acted deliberately or grossly negligent or one of the following exceptions (§ 10 paragraph 2 or 3 of these terms and conditions) is present.
(2) Unlimited paulusresult is liable for deliberately or negligently caused damages from the injury of life, body or health by paulusresult, its legal representatives or vicarious agents or to the extent of a possible assumed guarantee.
(3) For slight negligence paulusresult is only liable if one of the essential contractual obligations was violated by paulusresult, its legal representatives or executive employees or vicarious agents. Essential contractual obligations are those obligations which form the basis of the contract, which were decisive for the conclusion of the contract and on the fulfilment of which the contractual partner may regularly rely. paulusresult is only liable for foreseeable damages, the occurrence of which must typically be expected.
§ 11 Mention of the customer as reference
(1) paulusresult is permitted to use the client’s company name and/or logo as a reference. Without a further agreement between the contracting parties, this right of paulusresult exists for a period of three years from the termination of the last contract concluded with the customer.
(2) By filing an informal objection, the customer can forbid paulusresult at any time to continue the use of his company name or logo in the future for the purposes mentioned in paragraph 1. If these data are used by paulusresult in printed advertising media, paulusresult will refrain from using them from the next edition.
§ 12 Data protection/confidentiality
(1) In the absence of written agreements to the contrary, the contracting parties are themselves responsible for compliance with the relevant and valid data protection regulations.
(2) paulusresult processes the data of interested parties and customers electronically. This takes place regularly on the basis of the impermissible provision of Art. 6 para. 1 b) DSGVO and accordingly as far as this is necessary for the fulfilment of the contract with the customer or for the implementation of pre-contractual measures with the customer and as far as this takes place at the request of the person or company concerned.
(3) With regard to the data processed in the course of the pure use of the online portal (without additional conclusion of a contract about a chargeable service) paulusresult provides the interested parties and customers with a detailed and special data protection declaration, which can be accessed at any time in the online portal and the b2b web shop by clicking on the corresponding link.
(4) The parties obligate themselves to maintain strictest secrecy about all confidential procedures, in particular business or trade secrets, which came to their knowledge from the respective other party during the initiation, execution or termination of this contract, and not to pass on and/or utilize the knowledge gained about confidential data. Documents or data relating to confidential processes shall be stored or saved in such a way that access by unauthorised third parties is excluded as far as possible. The obligation to maintain secrecy shall also continue after the termination of the contract.
(2) paulusresult will inform the customer about this step if necessary in time before an intended change of the general terms and conditions.
(3) If the customer does not object to the intended changes to the GTC within a period of four weeks after becoming aware of the change project, these shall be deemed approved and accepted if the customer has been expressly informed of the aforementioned consequences beforehand.
(4) Should a customer object to the intended changes to the GTC and not wish to continue the contract under the new conditions, he shall be entitled to terminate the contract extraordinarily. If the customer does not cancel the contract due to the changes, the terms and conditions of paulusresult are valid until further notice in the previous version.
§ 14 Place of jurisdiction, choice of law
(1) The place of jurisdiction for all disputes with an interested party or customer in connection with the services offered or provided by paulusresult or the use of the online portal is the registered office of paulusresult.
(2) With regard to all legal relationships, the contracting parties agree to the application of the law of the Federal Republic of Germany.
§ 15 Written form requirement, severability clause
(1) Verbal collateral agreements in the form of amendments, supplements and additions to this contract require written agreement to be effective. The same applies to a waiver of the written form requirement itself.
(3) An ineffective clause shall be replaced by the statutory rule.
Status of these general terms and conditions: April 2018
© RA Jens Bräumer, it-recht-deutschland, Saarbrücken
This post is also available in: Deutsch (German)