GeNeRAL TeRMS aND CONDITIONS
The General Terms and Conditions (hereinafter referred to as „GTC“)
paragraph 1 Preamble
paragraph 2 Scope of application
For the contractual relations between BSM Management&Support GmbH and the customer the following terms and conditions apply exclusively. General terms and conditions of the customer shall not apply.
paragraph 3 Identity of the contracting party
The contract comes with the
BSM Management & Support GmbH
Großbeerenstr. 2-10, Haus 3
managing director: Michael Bauer
Commercial register number: Amtsgericht Berlin HRB 208399
VAT ID No: DE317247596
hereinafter also referred to as „BSM„
and the contracting party – hereinafter referred to as the „Customer called the „The Theory of the Responsibility of Birds“. The GTC apply regardless of whether the customer is a consumer or an entrepreneur. The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of its commercial or independent professional activity.
paragraph 4 Scope oF services
Business activities of BSM Management&Support GmbH:
The production, trade and administration of data processing equipment and IT equipment customary in the sector, as well as the provision of services and support in the areas of consulting, development, creation and operation of IT projects, in particular on the basis of blockchain technology, and all activities promoting the purpose of the company.
BSM Management&Support GmbH grants the customer an exclusive right of use to the software products provided by BSM Management&Support GmbH in the respectively agreed form, but also a white label solution with an respectively agreed form and individually designed prices according to these general terms and conditions in connection with the service description selected by the customer and thus the scope of the service.
This gives the customer the unlimited and temporary right to use the end customer component of the products on a web server assigned by BSM Management&Support GmbH or on a self-hosted server. Use in the sense of the contract is the retrieval of the services provided by the software products. The version of the General Terms and Conditions valid at the time the contract is concluded and the individually designed service description for each project are decisive.
paragraph 5 Revocation
If a customer wishes to make use of his right of revocation, this can be done as follows:
You can revoke your contractual statement within 14 days without giving reasons in writing (eg letter, fax, e-mail). The period begins after receipt of this instruction in text form, but not before acceptance of the contract or conclusion of the contract and also not before fulfilment of our duties to inform according to article 246 § 2 in connection with § 1 Abs. 1 and 2 EGBGB as well as our duties according to § 312 e Abs. 1 Satz 1 BGB in connection with article 246 § 3 EGBGB. The timely dispatch of the revocation is sufficient to comply with the revocation period. The revocation is to be addressed to:
BSM Management&Support GmbH
Managing Director: Michael Bauer
Großbeerenstr. 2-10, Haus 3
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return the performance received to us in whole or in part or only in a deteriorated condition, you must pay us compensation in this respect. This can lead to the fact that you must fulfill the contractual payment obligations for the period up to the revocation nevertheless. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation, for us with its receipt.
Your right of withdrawal expires prematurely if the contract is completely fulfilled by both parties before you have exercised your right of withdrawal or if you expressly waive the withdrawal so that the services can already be provided before the end of the withdrawal period in whole or in part.
paragraph 6 General Provisions on Products and Services
1. BSM does not offer any investment advice or recommendations, or any activity covered by the German Banking Act. If names of investment products are mentioned in the context of the development and creation of projects, they are only mentioned for the purpose of demonstrating an example. In no way, however, are investment recommendations made.
2. BSM is free to design the content of projects and products. The Company (BSM) is entitled at any time to restrict or extend the Service within a contract, unless expressly guaranteed in the service description of this Service. The Company (BSM) may also use third parties (sub-contractors) to provide its services.
3. BSM grants the participant unrestricted access to BSM’s own services and products according to the content of the agreed services.
4. All projects, project data, products, services and services made available to the participant by BSM remain the property of BSM until full payment has been made, regardless of whether individual contents have been changed or not. The products made available by BSM may not be passed on to third parties outside the scope of the service description, unless otherwise contractually agreed. In principle, the participant has no exclusive rights to BSM services or products.
5. BSM reserves the right to limit/limit/revoke the use of the data and products of product partners as well as the services of third parties for operational and security reasons. For operational and security reasons, BSM also reserves the right to access the user data of the participant. Any other access to user data that does not take place for operational and security reasons requires the consent of the customer.
paragraph 7 Payment transactions
BSM will only accept payments that are exclusively related to an order and are to be attributed as remuneration for services requested by BSM on account. Further payment transactions may occur within the projects. For this the respective operator is responsible. BSM merely provides the technology, the know-how and the experience. The operation of our customers‘ products is at their own risk and for their own account.
paragraph 8 Charges
The amount of the fees is individual and completely different according to the effort involved. Therefore, there is no blanket solution that is always endowed with the same. All prices are net prices. Delivery and/or shipping costs are usually not incurred.
The fees are due in accordance with the conclusion of the contract.
paragraph 9 Term and termination oF the contract
The contract period of the White Label solution is 12 months and is automatically extended indefinitely and can be terminated in writing with a notice period of three months to the end of the month.
paragraph 10 exclusion oF a customer
BSM may exclude a customer and delete the project of this customer and all services in connection with this project if BSM has reason to believe that a customer violates the essential obligations of these terms and conditions or that a customer is pursuing fraudulent intentions with the realization of a project. BSM will inform the customer of this in writing and give the customer the opportunity to comment. BSM shall not be obliged to do so in the event of urgency. In any case, the BSM will observe applicable law, laws and regulations and bring them into line within the implementation of projects. The right to extraordinary termination remains unaffected.
paragraph 11 Technical availability
For technical reasons, BSM cannot guarantee the permanent complete availability of servers through which projects are operated. At times, the availability of the projects may be restricted, in particular due to the need to carry out maintenance or repair work. BSM will inform the members about the execution of planned maintenance work and its scope in good time. Should the system fail unexpectedly, BSM will inform the customer of the extent and duration of the failure as far as possible.
paragraph 12 Liability
BSM shall not be liable for material damage and pure financial loss – irrespective of the legal basis – arising in connection with the operation of projects, unless the damage is based on the breach of a material contractual obligation or on any other intentional or grossly negligent breach of duty by BSM, its legal representatives or its agents. Essential contractual obligations are obligations the fulfilment of which is essential for the proper execution of the contract and the attainment of the purpose of the contract, the fulfilment of which the contractual partner therefore relies on and may rely on, as well as obligations which are of fundamental importance for the protection of the contractual partner and his essential legal positions.
Liability for material damage and pure financial loss as a result of a slightly negligent breach of an essential contractual obligation shall be limited to compensation for damage foreseeable at the time of conclusion of the contract.
paragraph 13 OFFsetting
Members may only offset claims from BSM against undisputed or legally established claims.
paragraph 14 exemption
Customers undertake to indemnify BSM against all claims of their customers or third parties if they assert claims against BSM against the respective member due to the violation of their rights due to the use of the projects of BSM’s customers by the respective member. This does not apply if the customer is not responsible for the infringement of the rights. The obligation to indemnify also includes the assumption of reasonable legal defense costs.
paragraph 15 Final provisions
I. Modification of the terms and conditions
BSM may change these terms and conditions at any time and without giving reasons. The amended version of the terms and conditions shall be sent to the customer by e-mail at the latest three weeks before the planned entry into force, highlighting the changes in printing technology.
Customers may object to the changes within three weeks of receiving the e-mail. If a customer continues the contract without objecting to the changes within this period, the changed terms and conditions shall be deemed accepted. BSM will again inform its customers of the consequence of an unopposed continuation of the contract in the e-mail.
II. Applicable law
The law of the Federal Republic of Germany shall apply. If a person concludes the contract as a consumer, i.e. for a purpose which cannot be attributed to his professional or commercial activity, the provisions of the state in which the user has his habitual residence shall also apply, insofar as they grant the user more extensive protection than the law of the Federal Republic of Germany.
III. Place of jurisdiction
If a customer is a merchant, a legal entity under public law or a special fund under public law or if the customer has no general place of jurisdiction in Germany, Cologne shall be the place of jurisdiction for all disputes arising in connection with the contract and the use of the projects. This shall also apply if a member does not have a general place of jurisdiction in Germany, moves his place of residence or habitual abode outside the territory of the Federal Republic of Germany after registration, or if the member’s place of residence or habitual abode is unknown at the time the action is filed.
IV. Severability clause
Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remainder of the contract.
Last update: 20.07.2019