§ 1 Domain
These general terms and conditions apply to all declarations of will, contracts, contractual or likewise acts between Nerdsquad and service provider that use the product Lećo Booking. Contradictory claims of the service provider on behalf of his own terms and conditions are hereby disagreed to. These will not be part of agreements, if not confirmed explicitly.
§ 2 Object and formation of a contract
(1) Within the contract Nerdsquad offers service providers Lećo Booking as a software for administration of services and execution and management of bookings of those services. There is no contractual relation between Nerdsquad and the customer of the service provider using Lećo Booking. Nerdsquad neither is partner nor representative for any Party nor broker within the contractual relation between the service provider and its customers. In that relation, the general terms and conditions of the service provider apply.
(2) In the case a service provider can not provide a service booked by a customer of this service provider via Lećo Booking for whatever reasons, the service provider alone is responsible for the consequences.
(3) Solely the service provider is responsible for the adherence to legal regulations concerning his offers and his own Internet presence, especially regarding information obligation towards his customers. Likewise the service provider is responsible for providing his own legal terms and conditions in Lećo Booking's booking masks.
(4) Statements on Nerdsquad's website or not to be considered contractual offers. The service provider makes a binding offer to make a contract on submission of his order for one of Nerdquad's products.
(5) A contract is only concluded by Nerdsquad's acceptance of it, either by sending you a confirmation e-mail or by a contract signed by both parties. Without forfeiting the right to refuse any contractor without giving reasons Nerdsquad will confirm a possible acceptance within 10 days after receiving the offer of a service provider.
§ 3 cancellation rights of the customer
If the service provider is a consumer in the sense of § 13 of the German Civil Code which means, a human person which concludes a legal transaction for means that can not be predominantly assigned to any business activities, there is a cancellation right by the law which Nerdsquad informs about in the following passages:
Admonition of cancellation rights
Within 14 days after concluding this contract, you have the right to revoke the contract without giving reasons. The 14 day period starts from the day on you or a third party authorised by you (excluding the carrier) received the last part of the product. In the case of a service contract or the supply of digital content that is not shipped on a physical data carrier the 14 day period starts on the conclusion of the contract. To use your right of cancellation you have to inform us (Nerdsquad UG (limited liability), Alsenstr. 55, D-44789 Bochum, E-Mail firstname.lastname@example.org Tel.: 0176-10321454) with an unambiguous declaration on your desire to revoke the contract.
Consequences of revocation
Did you demand the commencing of services within the revocation period you are obliged to pay an adequate amount of money corresponding to the services already provided up to the date of your declartion of revocation relative to the overall amount of services stated in the contract.
§ 4 Prices and payments
(1) The listed prices refer to the use of Lećo Booking and the support. On "www.myleao.com" you can always find the latest price list. All listed prices are not including any turnover taxes.
(2) The payment obligation is independent of the actual amount of uses.
(3) The monthly rates are due at the beginning of the following month. The billing happens via e-mail. There is no right for digitally signed invoices.
(4) Has the payment been delayed for more than two months, Nerdsquad is eligible to deny the service provider any further service and block the access to Lećo Booking until all invoices are met. The obligation to meet any outstanding balances subsists regardless of any denial of service. Further rights of Nerdsquad by contract and law are untouched.
(5) The service provider is not permitted to sell Lećo Booking to any third parties without the direct permission of Nerdsquad.
§ 5 Contract length and termination
(1) The contract duration depends on the specification of the package booked be the service provider which are accessible via www.myleao.com at any time.
(2) The contract duration begins at a defined date written down in an e-mail.
(3) Service provider accounts can be resigned and deleted completely via e-mail to email@example.com at the end of the month with a processing time of 3 work days. For this, the service provider writes an e-mail from the same e-mail address used in his Lećo Booking account and states his wish to delete his account. The service provider inherits the right to be handed out a complete set of all his customers' data OR all his customer data as a CSV file for a single payment of 100 Euros. Is the data needed in a processed form, an individual price agreement is necessary.
(4) The right of any party to terminate the contract out of an important reason is untouched. An important reason for the cancellation of the contract by Nerdsquad is especially present, if the service provider neglects his duties regarding § 2 and § 4 of these terms and conditions.
§ 6 Use of the booking site "Lećo Booking"
(1) Nerdsquad provides the service provider access to Lećo Booking.
(2) After concluding the contract and handing over login details, the service provider can login via http://www.myLećo.com/admin and immediately use all functionalities.
(3) Nerdsquad provides the service provider access to interfaces to connect the service provider's website with the booking mask of Lećo Booking.
§ 7 Specification of services of the support
(1) The support service provided free of charge by Nerdsquad contains comprehensive e-mail and telephone support for the service provider considering the use of the software according to § 8, error support according to § 10 and the provision of updates according to § 9.
(2) Nerdsquad provides the support service thoroughly to the extent mentioned above. The warranty complies with the current law. Nerdsquad is responsible for the provision of support services to the contractual defined extent. As long as not explicitly agreed upon, Nerdsquad does not guarantee that the support service leads to any defined result.
§ 8 E-mail and telephone support
(1) E-mail and telephone support includes Nerdsquad counselling the service provider on questions or issues concerning the Software, especially issues concerning the usage, malfunctions, bugs or other types of difficulties regarding the service flow of the software. This also includes case in which some features of the software are not working properly, provides wrong results, stops unexpectedly or is not working properly in any other way.
(2) The support is primarily provided as e-mail support. The service provider addresses his issues initially only via e-mail to firstname.lastname@example.org considering his duties to collaborate regarding § 10. Nerdsquad strictly answers inquiries via e-mail.
(3) Depending on the type of the service provider's inquiry, Nerdsquad decides on a case-by-case basis whether to reply via e-mail or a telephone call. If the support case persists even after inquiry and counselling by Nerdsquad, the service provider can utilise the telephone Support reachable via the Service-Hotline 0176 10 32 14 54 monday to friday from 10:00 o'clock PM until 6:00 o'clock PM. If the immediate processing of the inquiry is not possible, Nerdsquad will call back as soon as possible.
§ 9 Updates
(1) All updates released within the contract duration are provided and shipped free of charge. New features can be offered as additional modules and may be subject to additional charges. Updates are usually provided by uploading a new version of Lećo Booking onto the server and informing the service provider via e-mail.
(2) Is an update provided to the service provider, All services contained in the contract are restricted to the software version provided by the update. The obligations regarding § 8 and § 10 only apply to the updated version. Does the service provider insist on using an older version, additional effors in support and programming are subject to extra charges (see § 14).
(3) Nerdsquad is not obliged to release any updates whatsoever.
§ 10 Support and error handling
(1) Nerdsquad will attempt to remove the errors discovered during support and to provide a version of the software not containing these errors any more.
(2) Is the removal of the error subject to disproportionate efforts, both parties can terminate the contract according to § 5.4
(3) An error in the sense of this paragraph is not present if the error is
§ 11 Further support and maintenance services
On request of the service provider, Nerdsquad can bring forth additional services based on these terms and conditions regarding the software which are not billed as support but are subject to a separate billing agreement.
§ 12 Liability
(1) Nerdsquad is liable for errors and flaws in the software only if they concealed these based on malicious intention.
(2) The liability for the support is based on the legal regultaions.
§ 13 Data privacy
(1) Nerdsquad stores and processes personal data of the service provider to the extent necessary given by the contractual relation.
(2) Personal data of customers of the service provider are only stored and processed on the service provider's behalf according to § 11 BDSG and only according to his specifications but nonetheless following the guidelines of lawful data processing and adhering necessary operational backup plans.
(3) Nerdsquad only uses personnel for the processing and handling of personal data which is bound to the laws of data secrecy according to § 5 BDSG and which has been instructed on the regulations of the BDSG.
(4) Both contractual parties bind themselves to keep information of the the other party confidential as long as this information is not available to the public.
(5) Personal data of the service provider and of the service provider's customer will not be passed on to third parties.
§ 14 Final regulations
(1) The contract is only applied within the laws of the Federal Republic of Germany. The application of laws of the UN-CISG (UN Convention on Contracts for the International Sale of Goods) is ruled out. In the case of the service provider being a consumer (compare to§ 3), the imperative laws of consumer protection of the country, in which the service provider is based in, are applied, as long as they provide further protection to the service provider.
(2) Is the service provider a businessman, juristic person of public law or public funds, the only place of jurisdiction for all claims and charges based on the contractual relation is Bochum.
§ 15 Written form
(1) Changes, additions and the suspension of these constraints or any contract as well as the requirements for written forms needs to be in written form.
(2) All announcements, declarations or cancellations based on these terms and conditions need to be in written form to be effective. Fax and e-mail do fulfil this requirement.
§ 16 Severability clause
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. Any invalid or unenforceable provision shall be deemed severed from this Agreement to the extent of its invalidity or unenforceability, and both parties are bound to fill the gap by a new provision that serves the economic purpose of the contract.
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