Terms and Conditions (GTC)

Terms customer information

These Terms and Conditions apply to the bookings of chargeable services provided by Anuseva Servicegesellschaft as accounting and billing services in the name and on behalf of Anuseva Holding - represented by Anuseva Berlin UG (limited) - and the respective online editors and Anuseva Media UG (limited liability) are offered.

Terms of Contract Advertisement Advertisements on this platform

between

Anuseva Media and course management
A service of
Anuseva Berlin UG (limited liability)
Potsdamer Platz 10 - House 2
10785 Berlin
Tel: + 49 (30) 2009 7100

and

the users of the additional services on this platform.

§ 1 scope

1.1 The following General Terms and Conditions (GTC) apply to the use of all offers of Anuseva Servicegesellschaft as a contractor, unless other arrangements have been made from the individual offer of the contractor or from written agreements of the parties involved. For individual business areas, additional terms and conditions may be set up. These are to be taken from the respective order or product description and are made available digitally.

1.2 Subject of this User Agreement are the direct services of Anuseva Holding. Anuseva will provide the services of Anuseva Service Company as described in the offer and combination package.

§ 2 Subject matter and scope of services

2.1 Subject matter of the contract are the services specified in the order confirmation or in the contract. The scope of service includes the services listed in the product description and the terms of use, which may be booked as a full package or as individual modules. The task and the way of the work processes are determined by the offer of the contractor, as far as they are not regulated separately in the written agreements of the involved parties. Changes, additions or extensions of the assignment require a special written agreement.

2.2 In addition, the company works with cooperation partners and, in turn, purchases in-process and on-going third-party services. Anuseva UG either acts as an intermediary for external services or is individually commissioned by clients to obtain offers tailored to the respective client or customer and to buy and service them on behalf of the customer. Accordingly, any legal and other industry-specific requirements can only be addressed in accordance with the contract package individually tailored to each customer. We only agree with our customers services that are actually needed.

2.3 The technical standards and safety measures used by Anuseva Servicegesellschaft for the provision of services are listed in the package or product description. The Company reserves the right to change the technical standards and safety measures, provided that either (i) the amendment is intended to improve safety or (ii) is legally compulsory or (iii) the amendment does not entail any significant restrictions on the contractual use.

§ 3 secrecy and privacy

3.1 Each party is obliged to keep confidential the business and trade secrets and other confidential information of the other contracting party which have been notified to it under the contractual relationship, to protect it appropriately against unauthorized access and to use it only for the purpose of fulfilling the contract.

3.2 Information that is classified as confidential or whose confidentiality clearly results from the nature of the matter requires confidentiality. Each party may demand from the other party at any time the return of their information requiring secrecy. In this case, the returning party is entitled to extraordinary termination of this contract with immediate effect. Statutory retention obligations in compliance with data security remain unaffected.

3.3 The contractor is obliged to have a corresponding letter of commitment signed by its employees upon request. If one of the employees violates the obligation, the contractor shall fulfill its obligation to compensate the client for this by assigning his claim for recourse against the employee to the client.

3.4 The obligations to protect business and trade secrets continue beyond the end of the contract for a further ten-year period. For personal data, the following regulations also apply to data protection.

3.5 For the processing of personal data, only those employees are employed who have been obliged to maintain data secrecy in accordance with § 5 BDSG.

3.6 Personal data is processed in accordance with § 11 BDSG. Insofar as subcontractors are entrusted with the fulfillment of tasks arising from this User Agreement, Anuseva Servicegesellschaft is responsible for ensuring that the data protection obligations also apply to the subcontractors. If the client makes personal data available from third parties or has it stored by third parties, he is responsible to Anuseva UG (haftungsbeschränkt) for this and ensures that this is permissible under the applicable data protection regulations.

§ 4 costs and due date

4.1 The remuneration for the use of the services and any additional services depends on the price list applicable at the time the contract is concluded or the offer made. If the client uses further services, these are to be remunerated according to the general price list valid at the time of commissioning.

4.2 We represent a fair pricing policy and include VAT. If separate tax regulations apply, eg if services are provided abroad, this will be indicated in the respective order, invoice or contract according to the legal regulations.

4.3 All invoices are payable without deduction after seven working days, unless separate combined discounts or agreements for a discount are specified in the order. If payments are made with payment methods of third-party service providers, eg PayPal, their terms and conditions for the use of these services automatically come into force.

4.4 The client agrees to the issuing of invoices in a digital format and their electronic transmission. The contracting party undertakes to establish suitable internal control procedures in order to ensure the authenticity of the provenance and the statutory retention obligation. The consent can be revoked with effect for the future. If the Principal desires to transfer invoices on paper, Anuseva Servicegesellschaft may charge a surcharge for increased administrative costs as well as material and postage costs according to the general price list.

§ 5 liability and force majeure

5.1 Anuseva UG (haftungsbeschränkt) is liable for intent and gross negligence as well as for the lack of guaranteed features within the scope of the guarantee.

5.2 The service company is not liable for slightly negligent breach of other contractual obligations.

5.3 The service company is not liable for lost profits, especially if services of the contractor are impaired by an unauthorized behavior of the client.

5.4 Except for intent, gross negligence and damages resulting from injury to the life of the body or the health and the breach of essential contractual obligations, the liability shall be limited in amount to the typically foreseeable damages at the time of conclusion of the contract. The liability is in any case limited to the amount of the coverage of the concluded business liability insurance. These regulations also apply to the employees and other vicarious agents of Anuseva Servicegesellschaft.

5.5 events of force majeure entitle the contractor to postpone the fulfillment of his obligations by the duration of the hindrance and by a reasonable start-up time. Force majeure shall be deemed to be strike, lock-out and similar circumstances which make the performance significantly more difficult or impossible for the contractor.

5.6 The contractor retains the claim to the remuneration under consideration of the provisions of § 642 para. 2 BGB. The contractor's claims for compensation for additional expenses incurred as a result of the customer's delay or failure to cooperate and the damage caused remain unaffected, even if the contractor does not exercise the termination right.

§ 6 contract duration and termination

6.1 The contract duration is determined by the agreement of the contract parties. Unless otherwise agreed, the user agreement initially applies for a term of one calendar month. The User Agreement will automatically be extended by one more month if it is not properly terminated by either party with a notice period of two weeks to the end of the respective term.

6.2 terminations must be declared in writing. The user can also declare the termination by electronic declaration of intent. If no digital confirmation of termination, the customer has the confirmed delivery of a timely notice to ensure safe, eg by electronic acknowledgment of receipt.

6.3 The right to terminate without notice for good cause remains unaffected. An important reason for termination by the service company is, inter alia, if the customer is in arrears with payments due in the amount of an amount corresponding to the monthly fee for two months. Other rights of the terminating party remain unaffected.

6.4 The user agreement enters into force upon acceptance of the order or commission.

§ 7 final provision

7.1 Unless otherwise provided in this User Agreement, all statements of the parties may be made by e-mail. Oral side agreements are not met. Additional agreements must be made in writing. Digitally documented agreements basically fulfill the required written form.

7.2 Anuseva Holding is entitled to use third parties to perform its services as vicarious agents. This does not affect the obligations of the service company to the client, including the obligation to comply with the applicable data protection provisions (also by the vicarious agents).

7.3 European Commission Online Dispute Resolution (OS) Platform for Consumers: http://ec.europa.eu/consumers/odr/, We are unwilling and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.

7.4 If the GTC are or become partially ineffective, the validity of the remaining provisions of the GTC will not be affected. The contracting parties undertake to replace an ineffective provision with a valid provision which comes closest to the contractual objective, taking into account the mutual economic interests. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.

7.5 changes to the terms and conditions will be communicated to the customer electronically. The client has the right to object to the changes within two months after receipt of the notification. If he does not object to the changes, these are deemed to have been accepted and the user agreement will continue with the changes to the changed conditions taking effect.

7.6 The seat of the service company is agreed as the exclusive place of jurisdiction. The seat of the company is in Berlin. Legal matters are to be directed exclusively to the business address filed in the commercial register.

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