1. scope of application and contract language
(1) These terms and conditions apply to the contracts concluded between you (hereinafter referred to as Customer) and us, the MeMo News AG (hereinafter referred to as Provider) represented by the managing director Pascal Lauria via this platform, unless otherwise expressly agreed in writing between you and us. Deviating or conflicting conditions will not be accepted by us unless we have expressly agreed to them.
(2) The customer will be informed in writing, by fax or by e-mail of any changes to these terms and conditions. If you do not object to a change within four weeks of receipt of the notification, the changes shall be deemed accepted by you. The right of objection and the legal consequences of silence will be pointed out to you separately in case of a change of the terms and conditions.
(3) The language available for the conclusion of the contract is exclusively German. Translations of these terms and conditions into other languages are for your information only. In the event of any differences between the language versions, the German text shall take precedence.
2. subject matter of the contract
(1) The Provider shall provide the Customer with both free and paid SaaS services via the Internet as a medium in the area of a social media management tool.
(2) The subject matter of the contract shall be
(a) the provision of the Provider's "Socializer" software (hereinafter referred to as "SOFTWARE") for use over the Internet; and
(b) allocation of storage space on the Provider's servers.
(3) The Provider is permitted to include subcontractors in the allocation of storage space. The use of subcontractors does not release the Provider from its sole obligation to the customer to fully perform the contract.
4. rights of use of the SOFTWARE
(1) The provider grants the customer a simple, non-exclusive and non-transferable right to use the SOFTWARE described in this contract for the duration of the contract within the framework of the SaaS services as intended.
(2) The customer may only process the SOFTWARE as far as this is covered by the intended use of the SOFTWARE according to the current service description.
(3) The customer may only reproduce the SOFTWARE as far as this is covered by the intended use of the SOFTWARE according to the current performance description. The necessary duplication includes loading the SOFTWARE into the main memory on the Provider's server, but not the temporary installation or storage of the SOFTWARE on data carriers (such as hard disks or similar) of the hardware used by the Customer.
(4) The customer is not entitled to make the SOFTWARE available to third parties for use against payment or free of charge. The customer is therefore expressly not permitted to sublet the SOFTWARE.
5. allocation of storage space
(1) The Provider provides the Customer with a defined storage space on a server for storing his data.
(2) The Provider shall ensure that the stored data can be accessed via the Internet.
(3) The customer is not entitled to transfer this storage space to a third party partially or completely, against payment or free of charge for use.
(4) The customer undertakes not to store any content on the storage space whose provision, publication or use violates applicable law or agreements with third parties.
(5) The Provider is obliged to take appropriate precautions against data loss and to prevent unauthorized access by third parties to the Customer's data. For this purpose, the Provider shall carry out daily backups, check the Customer's data for viruses and install state-of-the-art firewalls.
(6) In any case, the customer remains the sole owner of the data.
(7) Upon termination of the contractual relationship, the Provider shall delete all data stored on the storage space allocated to the Customer.
6. registration as customer
(1) In order to use the SOFTWARE and the storage space provided, the customer must register. Registration is free of charge. There is no entitlement to registration. Only persons with unlimited legal capacity are entitled to participate. At the Provider's request, the Customer must send a copy of the identity card or name his VAT ID number and document his registration. The customer fills out the existing registration form electronically and sends it to the provider by pressing the "Create account" button. The data required for the registration must be provided in full. With the registration the customer sets a password. The customer is obliged to keep the password secret and not to disclose it to third parties under any circumstances.
(2) The customer can delete his details at any time under "Your Profile". If the customer's personal details change, the customer is responsible for updating them. All changes can be made online after registration under "Your Profile".
7. conclusion of contract
(1) The presentation of the services on the Provider's website does not constitute a legally binding offer, but an invitation to book (invitatio ad offerendum).
(2) If a service is requested by the customer, the customer submits a binding offer to book the services displayed in the order overview by clicking the "Order now" button in the last step of the booking process. Immediately after sending the order, the customer will receive an order confirmation, which does not, however, constitute an acceptance of the contractual offer. A contract between the customer and the provider is concluded as soon as the booking is accepted by a separate e-mail.
(3) The customer can select the desired services for booking by placing them in a shopping basket by clicking on the corresponding button. If the customer wants to complete the booking, he goes to the shopping cart, where he is guided through the further order process. After selecting the desired service in the shopping cart and entering all necessary booking and address data in the following step, clicking the "Next" button opens a page in which the essential selected services, including costs incurred, are summarized again. Up to this point in time, the customer can correct his entries or refrain from the contractual declaration. A binding offer within the meaning of paragraph 2 will only be made when the button "Order payable" is subsequently clicked.
8. correction note
As part of the ordering process, the customer first places the desired service in the shopping basket. There he can change the desired service at any time or remove selected services completely. If the customer has deposited services there, by clicking on the "Continue" buttons, he will first be taken to a page where he can enter his data and then select the payment method. Finally, an overview page opens on which he can check his details. He can correct his input errors (e.g. regarding payment type or data) by clicking on "Edit" in the respective field. If he wants to cancel the order process completely, he can also simply close his browser window. Otherwise, after clicking on the confirmation button "Order payment" his declaration will be binding in the sense of paragraph 7 paragraph 2 of these terms and conditions.
9. terms of payment
The purchase price is due immediately with the order. The payment of the service can be made by credit card (we use the transmission method "SSL" to encrypt your personal data), bank transfer or coin payments.
10. remuneration
(1) The customer undertakes to pay the provider the agreed monthly fee plus statutory VAT for the provision of the SOFTWARE with regard to the booked service. Unless otherwise agreed, the remuneration is based on the price list of the provider valid at the time of conclusion of the contract.
(2) The customer has to raise objections against the billing of the services rendered by the provider within a period of eight weeks after receipt of the invoice in writing at the place indicated on the invoice. After expiry of the aforementioned period, the invoice shall be deemed to have been approved by the customer. The Provider will inform the Customer of the importance of his behaviour by sending the invoice.
11. term and termination
(1) The term of the contract shall depend on the term agreed in each case. The contractual relationship begins with the date stated in the booking confirmation. If the contract is not terminated 30 days before the end of the contract period in text form - by email to [email protected] or via our form - the contractual relationship is extended by the originally agreed term.
(2) The right of each contracting party to terminate the contract without notice for important reasons remains unaffected. In particular, the Provider is entitled to terminate the contract without notice if the Customer fails to make due payments despite a reminder and a grace period or violates the contractual provisions on the use of the SaaS services. A termination without notice requires in any case that the other part is warned in text form and requested to eliminate the alleged reason for termination without notice within a reasonable period of time.
12. storage of the contract text
The contractual provisions with details of the booked services including these General Terms and Conditions will be sent to the customer by e-mail with acceptance of the contractual offer or with notification thereof. The Provider does not store the contractual provisions.
13. support
(1) For questions regarding the contractual software, the Provider can be reached on weekdays from 9:00 - 18:00 hours at the email [email protected]
(2) The inquiries will be answered after receipt in text form by email.
14. interruption/impairment of accessibility
(1) Adjustments, changes and additions to the contractual SaaS services as well as measures which serve to identify and remedy malfunctions will only lead to a temporary interruption or impairment of accessibility if this is absolutely necessary for technical reasons.
(2) The basic functions of the SaaS services are monitored on a daily basis. Maintenance of the SaaS services is generally guaranteed from Monday to Friday 09:00 - 18:00 hours. In the event of serious errors - the use of the SaaS services is no longer possible or seriously restricted - maintenance is carried out within 8 hours of knowledge or information by the Customer. The Provider will immediately inform the Customer of the maintenance work and carry it out in the shortest possible time in accordance with the technical conditions.
In the event that it is not possible to remedy the error within 12 hours, the Provider shall notify the Customer by e-mail within 24 hours, stating the reasons and the expected time period for remedying the error.
(3) The availability of the services agreed upon in each case in accordance with number 2 paragraph 2 of this contract amounts to 98.5 % in the annual average including maintenance work, however the availability may not be impaired or interrupted longer than two calendar days in succession.
15. obligations of the customer
(1) The customer undertakes not to place any unlawful content on the storage space made available that violates the laws, official requirements or rights of third parties.
(2) The customer is obliged to prevent unauthorized access by third parties to the protected areas of the SOFTWARE by taking appropriate precautions. For this purpose, the customer shall, as far as necessary, inform his employees that the copyright has been observed.
(3) Notwithstanding the Provider's obligation to back up data, the Customer shall be responsible for entering and maintaining the data and information required for the use of the SaaS services.
(4) The Client is obliged to check his data and information for viruses or other harmful components before entering them and to use state-of-the-art virus protection programs for this purpose.
(5) The Client must register for access to the use of the SaaS services in accordance with Section 6 of these General Terms and Conditions and generate a password himself, which is required for the use of the SaaS services.
(6) The content stored by the Client on the storage space intended for him may be protected by copyright and data protection laws. The Customer hereby grants the Provider the right to make the contents stored on the server accessible to the Customer via the Internet during the Customer's queries and, in particular, to reproduce and transmit them for this purpose and to be able to reproduce them for the purpose of data backup.
16. right of revocation
As a consumer, the customer is entitled to a right of revocation in accordance with the instructions listed in the appendix. A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity.
17. liability for defects/liability
(1) In the event that services of the Provider are used by unauthorized third parties using the Customer's access data, the Customer shall be liable for any resulting fees within the scope of civil liability until receipt of the Customer's order to change the access data or report the loss or theft, insofar as the Customer is at fault for the access of the unauthorized third party.
(2) The Provider is entitled to immediately block the storage space if there is a reasonable suspicion that the stored data is illegal and/or violates the rights of third parties. A well-founded suspicion for an illegality and/or a violation of rights exists in particular if courts, authorities and/or other third parties inform the Provider thereof. The Provider must inform the Customer immediately of the block and the reason for it. The block must be lifted as soon as the suspicion is invalidated.
(3) Claims for damages against the Provider are excluded regardless of the legal grounds, unless the Provider, its legal representatives or vicarious agents have acted intentionally or grossly negligently. The Provider shall only be liable for slight negligence if one of the essential contractual obligations has been breached by the Provider, its legal representatives or executives or vicarious agents. The Provider shall only be liable for foreseeable damages, the occurrence of which must typically be expected. 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 customer may rely.
(5) The Provider is not liable for the loss of data insofar as the damage is due to the fact that the Customer has failed to carry out data backups and thereby ensure that lost data can be restored with reasonable effort.
(6) The Provider is liable without limitation for damages caused intentionally or negligently from injury to life, body or health by the Provider, its legal representatives or vicarious agents.
18. applicable law, place of jurisdiction
(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 if
(a) the customer has his habitual residence in Germany, or
(b) the customer's habitual residence is in a country which is not a member of the European Union.
In the event that the customer has his habitual residence in a member state of the European Union, the applicability of German law shall also apply, whereby mandatory provisions of the state in which the customer has his habitual residence shall remain unaffected.
(2) Insofar as the customer had his place of residence or habitual abode in Germany at the time the contract was concluded and either moved out of Germany at the time we brought an action or his place of residence or habitual abode is unknown at that time, the place of jurisdiction for all disputes shall be the registered office of our company in Frankfurt am Main.
19. other
(1) Verbal ancillary agreements have not been made. Amendments, supplements and additions to this contract shall only be valid if they are agreed between the contracting parties in text form. This shall also apply to the amendment of this contractual provision.
(2) We would like to point out that the customer has the option of an out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013 in addition to ordinary legal action. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: http://ec.europa.eu/consumers/odr
In accordance with § 36 VSBG, we point out that we are not obliged to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
(3) Should any provision of this contract be or become invalid, this shall not affect the validity of the remainder of the contract. The invalid provision shall be deemed replaced by a valid provision which comes as close as possible to the economic purpose of the invalid provision. The same shall apply in the event of a contractual gap.
Right of withdrawal for consumers
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period shall be fourteen days from the date of conclusion of the contract.
To exercise your right of revocation, you must notify Coglia GmbH of your decision to revoke this Agreement by giving us your name, representative, address and, where available, your telephone number, fax number and e-mail address, by means of a clear statement (e.g. a letter, fax or e-mail sent by post). You may use the attached sample withdrawal form, which is not mandatory. You may also electronically complete and submit the sample withdrawal form or other unambiguous statement on our web site [email protected] If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation.
In order to comply with the revocation period, it is sufficient for you to send notice of the exercise of the right of revocation before the expiration of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall repay to you all payments which we have received from you immediately and at the latest within fourteen days from the day on which we received notification of your revocation of this contract. We will use the same means of payment as you used in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. If you have requested that the Services be commenced during the withdrawal period, you shall pay us a reasonable amount equal to the proportion of the Services already provided by the time you notify us of the exercise of the right of withdrawal in respect of this Agreement in relation to the total Services provided for in the Agreement.
Model for the revocation form according to
Annex 2 to Article 246a § 1 para. 2 sentence 1 no. 1 and § 2 para. 2 no. 2 Introductory Act to the German Civil Code (EGBGB)
If you wish to cancel the contract and do not wish to use our form on our website shop.coinanalyst.tech, please fill in this form and return it to us.
To
MeMo News AG
Obermattweg 8
CH-6052 Hergiswil
Or by email: info[AT]memonews.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following services __________________
- Ordered on: ________________________________________
- Name(s) of the consumer(s):___________________________
- Address of the consumer(s):________________________________
- Signature(s) of the consumer(s):______________________________
date
(*) Delete as appropriate
