§ 1 Area of application
The following General Terms and Conditions (hereinafter “GTC”) govern the contractual relationship between Sermondo by HIGHER-UP GmbH, Erika-Mann-Str. 47, 80636, Munich, CEO: Tobias Fischer, MBA, Munich Registration Office, HRB 262007, VAT-ID: DE 337 756 517 (hereinafter “Sermondo”) and the respective persons (hereinafter “customers”) who wish to use the offer made under the domain www.sermondo.com (hereinafter “website”).
§ 2 Subject of the contract, scope of service
- Sermondo offers customers the possibility to showcase their company to e-commerce sellers by creating a directory listing on the website (hereinafter “services”). Other services may be offered upon request.
- The scope of services results from the descriptions on the website in the version valid at the conclusion of the contract.
- Sermondo has the right to make changes to the content or functionalities (e.g. by updates or other modifications) of the services which are reasonable in consideration of the interests of the customers.
§ 3 Registration and its preconditions
- The services of Sermondo are addressed exclusively to businesses within the meaning of § 14 I BGB.
- Customers can create an account by registering on the website. Registration is free of charge.
- A username and password is needed for registration. It will be received through the website’s registration process.
§ 4 Conclusion of the contract
- Full use of the services requires the conclusion of a corresponding subscription on the website after registration. The legally binding conclusion of a contract for the conclusion of a subscription takes place as follows:
- The sending of the order represents an offer to conclude a subscription.
- Acceptance of the offer by Sermondo is completed by activation of the services for the customer.
- Sermondo reserves the right to refuse or revoke the registration and the conclusion of a subscription without giving reasons. In this case all remaining funds will be refunded.
§ 5 Subscription fees
- Subscriptions are subject to a fee. The pricing plans currently valid at the time the contract is concluded shall apply.
- The fee owed by the customer is due for payment in advance at the beginning of the booking period.
§ 6 Termination of contract
- The contract can be terminated at any time without notice by both parties, subject to the following sentence. If the customer has concluded a subscription before the cancellation of the contract, the cancellation will not take effect until the subscription has been completely carried out, cancelled or terminated in any other way.
- The right to terminate without notice for cause remains unaffected.
§ 7 Security
- Customers are responsible for maintaining the confidentiality of their password and account. They are responsible for all activities that occur under their passwords or accounts.
- Customers agree to notify Sermondo immediately of any unauthorized use of their password or account or any other breach of security.
§ 8 Liability limitation
- Sermondo will not be liable for any loss or damage arising from a customer’s failure to protect their password or account information.
- The possibilities of use may be restricted or temporarily interrupted by maintenance work, further development or malfunctions. Sermondo shall not be liable for any technical problems that might occur on the website.
- Sermondo does not guarantee if and how many inquiries will be obtained with the services.
§ 9 Governing Law and Enforcement
- These GTC and the contract regulated therein are subject to the law of the Federal Republic of Germany.
- The exclusive place of jurisdiction for all legal disputes arising from or in connection with the GTC shall be Munich, Germany.
§ 10 Exclusion of foreign terms and conditions
The validity of the customer’s general terms and conditions of contract or business is excluded.
§ 11 Amendments to the GTC
- Changes to these GTC must be made in text form. There are no ancillary agreements.
- Sermondo reserves the right to change these GTC at any time without giving reasons, unless the change is unreasonable for the customer.
§ 12 Severability clause
If any provision of these GTC is invalid, the remaining provisions shall remain unaffected. The ineffective provision shall be deemed replaced by a provision that comes as close as possible in a legally effective manner to the sense and purpose of the ineffective provision. The same applies to possible loopholes in the regulations.