General terms and conditions of business of meetyoo conferencing GmbH (as at: 08/07/2013)
1. General, conclusion of the contract
1.1 The general terms and conditions (hereinafter “GT&C”) of meetyoo conferencing GmbH (hereinafter “meetyoo“) shall apply to all services rendered for their contract partner (hereinafter “client”). Contradictory or additional provisions from client’s own terms and conditions shall not apply, even if there is no explicit objection from meetyoo unless they are confirmed in writing by meetyoo.
1.2 In the event of discrepancies between the provisions of the GT&C and the contract and its specifications or collateral agreements, the provisions of the contractand its specifications or collateral agreements shall take precedence.
1.3 The following shall apply to online conclusions of contracts: Sending of an order to meetyoo, that is, clicking on the “Order” button in the online order process, represents a client’s binding purchase offer. Conclusion of contract is confirmed by the subsequent written confirmation of order from meetyoo in the form of an e-mail.
1.4 For the purposes of the credit check for dial-out applications, the firm Bürgel Wirtschaftsinformationen GmbH & Co. KG, PO Box 500 166, 22701 Hamburg will provide meetyoo with the address and credit history of the client saved in their database as well as key figures established using a mathematical statistical procedure.
2. Availability of meetyoo services
2.1 meetyoo shall provide conference services. The nature and scope of the services to be provided by meetyoo are determined by the contract as well as the list of services or collateral agreements pertaining thereto.
2.2 The services to the client shall be provided with due care, expertise and caution as is the norm for the provision of such services by a qualified professional or company.
2.3 For the provision of services to client, meetyoo may use third party networks, facilities and technologies that are not property of the parties to the contract or controlled by the latter.
2.4 If meetyoo arranges for client to be able to use services at all times, then meetyoo shall provide this service with an availability rate of 98.5 %. Availability shall be calculated on the basis of the time allotted to the respective calendar month in the contract period, minus maintenance time. For the time between 3 a.m. – 6 a.m. German time, meetyoo shall be entitled to carry out maintenance work for a total of five hours per calendar month. The services will not be available during maintenance.
3. Client Responsibilities
3.1 Client shall provide the necessary technical infrastructure, in particular hardware, software and telecommunications connections. If they are not already included in the contract, service specifications or collateral agreements, upon request client shall receive instructions regarding the technical infrastructure requirements that are necessary for using the meetyoo services.
3.2 Within the limits of its possibilities, client is obliged to check the proper provision of meetyoo services and to inform meetyoo immediately of any disturbances or interruptions etc.
3.3 The client is neither allowed to remove, change or conceal copyrights, trademarks or symbols of ownership contained in the services of meetyoo nor to make changes of services or products of meetyoo. This also applies to services and products of third parties, which meetyoo applies within the context of its services for the client (clause 2.3). The utilization of Websites and products of meetyoo or third parties is only admissible within the confines of the copyright, trademark law, name and labelling law as well as other industrial property rights. The reproduction, processing, distribution and each type of utilization outside these confines require the previous written approval of the respective author or producer.
3.4 The client will be solely responsible for the contents of his conferences, seminars or other online events which he carries out through meetyoo or with products of meetyoo. The personal rights of third parties shall be observed. The client shall ensure that no indications or statements are made, files are uploaded or contents are conveyed which violate applicable law or good morals as well as particularly glorify violence, infringe rights of third parties or discriminate persons for reason of race, ethnic origin, sex, religion or ideology, a disability, age or sexual identity.
3.5 meetyoo shall be exempted from all claims of third parties, which are based on a culpable breach of the client against the obligations contained in clause 3.3. and 3.4. The client shall immediately inform meetyoo if he recognizes or had to recognize such a breach.
4. Price, payments
4.1 Price and performance terms, as well as other declarations or warranties, shall only be binding for meetyoo if meetyoo has submitted or confirmed them in writing. Insofar as not otherwise agreed in writing, meetyoo shall calculate the payment on a time and material basis using the prices in effect at the date the contract was concluded.
4.2 All prices are in euro if not indicated otherwise and do not include VAT. This shall be invoiced separately at the applicable statutory rate in accordance with the tax regulations in effect.
4.3 meetyoo can do the accounts on a monthly basis. If services are paid on a time and material basis, meetyoo shall itemise the nature and duration of the services and include this documentation with the invoice. In the case of an online conclusion of contract, invoices and itemised billing will be placed at the disposal in the meetyoo customer portal (https://portal.meetyoo.de/) or by request it will be sent as paper invoice (additional costs of 5 euro). In case of invoice delivery via the meetyoo customer portal, the client shall ensure that the e-mail address stored at meetyoo is available for the notification e-mail and that e-mails are regularly downloaded. Any changes to the address shall be immediately reported.
4.4 If client disagrees with all or part of an invoice, client shall inform meetyoo thereof within 14 calendar days after receipt of invoice. Otherwise, the invoice shall be considered as accepted.
4.5 All invoices are due immediately and payable in full at latest 14 calendar days after receipt.
5. Right of Retention, set-off
5.1 Provided it is not based on the same contractual relationship, client’s right of retention shall be excluded. meetyoo is entitled to prevent the right of retention from being exercised through provision of collateral and likewise through guarantee.
5.2 Client can only offset with uncontested claims or those that have legal effect.
5.3 If client defaults on payment, meetyoo shall, without prejudice to their other rights, be entitled to withhold the provision of all further services to client (“block”) until the latter is no longer in default, after first giving client a 10 day deadline before announcing the “block”.
6. Reservation of Rights
meetyoo reserves ownership and rights to be granted to services until full payment of the amount due.
7. Use by third parties
7.1 Client shall protect its access to meetyoo services against unauthorised use by third parties. Client shall be liable for any unauthorised use of its access, insofar the fault is attributed to client. Client must immediately inform meetyoo if there is a well-founded suspicion that unauthorised use is being made of its access.
7.2 Client shall pay the agreed prices for use of meetyoo services provided to third parties on the basis of client‘s authorisation. Client shall also have to pay for meetyoo services for unauthorised use by third parties if client is responsible for said use.
8.1 Client and meetyoo shall be mutually bound to secrecy for an unlimited time with regard to business and trade secrets or information designated as confidential that became known in connection with the performance of the contract. The contents of conferences and all data on conference participants shall be considered as confidential data.
8.2 Without written permission from the other parties to the contract, parties to the contract may not reveal confidential data to anyone, with the exception of employees, representatives, subcontractors or vicarious agents of one of the parties to the contract to the extent that they must know the information in order to provide the service and insofar they are subject to the same duty of confidentiality.
8.3 meetyoo and its employees are also forbidden to process or otherwise use any information or data acquired for any other purpose than the one connected to the respective completion of the task. This applies in particular for conducting business transactions in documents of title and derivatives.
8.4 Parties to the contract shall endeavour in an economically reasonable manner to ensure compliance with these confidentiality regulations by their employees and by subcontractors or representatives.
8.5 The confidentiality provisions shall apply to data that 1. was in the possession of one of the parties to the contract prior to the negotiations leading to this contract; 2. is already generally known or became so later on, without breach of the provision of this regulation by one of the parties to the contract or 3. was made public in compliance with a statutory regulation or decree, insofar the other parties to the contract have been duly informed of aforementioned statutory regulation or decree.
9. Interruption in service provision
9.1 In the event of interruptions due to force majeure, strikes or other non-attributable failure on the part of meetyoo or one of its vicarious agents to meet deadlines (“Interruption”), the deadlines will be postponed for the duration of the interruption, including, if necessary, a realistic restart-up phase. One party to the contract must immediately inform the other party to the contract about the interruption that occurred in its area and the estimated duration of the postponement.
9.2 If expenses increase due to an interruption, meetyoo can demand payment of this extra cost, unless the cause lies outside client’s sphere of responsibility and the latter is not responsible for the interruption.
9.3 meetyoo is no longer obligated to provide service when it no longer has the owed service at its disposal. meetyoo shall undertake to inform client immediately about the none-availability and refund considerations already received.
Liability for minor defects is excluded. The right to termination remains unaffected.
11. Legal deficiencies
11.1 meetyoo shall only be liable for infringing on third-party rights through their services insofar the service is being used, in accordance with the contract and in particular, in the area of use contractually provided for.
11.2 meetyoo is liable for infringements on third-party rights only within the European Union and the European economic area as well as at the location of the contractual use of the service.
11.3 If a third party asserts to client that meetyoo service has infringed its rights, client shall immediately inform meetyoo thereof. meetyoo, and if applicable, its subcontractor, are entitled, however not obliged, to reject the asserted claims at their expense.
11.4 If third-party rights are infringed by a meetyoo service, at its discretion and at its own expense, meetyoo shall 1. provide client with the right to use the service or 2. provide the service without infringing on any rights or 3. take back the service with reimbursement of payments made by client for said service (minus reasonable compensation for use), if meetyoo does not find any other remedy with reasonable costs. The interests of the client are thereby duly taken into account.
12. Prescription of Claims
Warranty claims shall prescribe within a year of commencement of the statutory prescription period. This does not apply to claims pursuant to § 438, section 1 No. 2 BGB and § 634 a section 1 No. 2 BGB.
13. Limitation of Liability
13.1 meetyoo shall be liable for damage from injury to life, limb or health in accordance with statutory provisions.
13.2 For other damage, meetyoo shall only be liable if it concerns a deliberate or grossly negligent breach of duty by meetyoo or one of meetyoo’s official representatives or vicarious agents.
13.3 meetyoo shall not be liable in the event of ordinary breach of duty, unless a substantial contractual obligation (cardinal obligation) is breached. In this case, liability is limited, however, to damages that are reasonably foreseeable at the time the contract is concluded.
13.4 meetyoo shall not be liable for such damage that could be avoided by client implementing proper safeguarding of data.
13.5 meetyoo shall not be liable for the compatibility of its services with technical facilities that come under client´s responsibility (number 3.1).
13.6 If in order to provide its services for client, meetyoo uses third-party networks, facilities and technologies which are not owned or cannot be controlled by the contract parties (number 2.3), these third parties are only liable to client to the extent that meetyoo would be liable to client according to these General Terms and Conditions.
13.7 If meetyoo uses client’s networks, facilities and third-party technologies to provide services and these are not property of the parties to the contract or controlled by the latter (number 2.3), meetyoo shall only have deferred liability with regard to any claims that arise therefrom. Client must first start with claim proceedings against third parties. meetyoo shall transfer to client any claims by meetyoo against third parties that are necessary for enforcing clients claims with third parties. meetyoo must place all necessary information and documents at client’s disposal. Only if and insofar client cannot claim compensation for damage from third parties, client can enforce its claim with meetyoo. In other respects, the provisions of this GT&C shall also apply.
13.8 For client’s claims for reimbursement of expenses and any other claims for damages (consequential damage, lost profits, etc.) against meetyoo, the above shall apply accordingly.
13.9 Liability pursuant to the Product Liability Act remains unaffected.
13.10 If the application range of Section 44a German Telecommunications Act is established, the provisions stipulated there for financial losses apply, unless meetyoo’s liability is already limited by the provisions of No. 13 and 14.
14. Maximum amount of liability
14.1 If meetyoo encounters delays in providing services, the compensation for loss/damage and expenses of client shall be limited to 0.5 % of the price for the part of the service that could not be used due to the delay and this for every completed week of delay. Liability for delay is limited to a total of 5 % of this price at the most.
14.2 For each individual claim, liability is limited to the contract value, with continuous compensation to the amount of compensation per contract year, however, not to less than € 50,000. When concluding this contract, parties can agree on a more extensive liability with separate payment.
14.3 Numbers 14.1 and 14.2 shall not apply if there is intentional or gross negligence or an injury to life, limb or health. Number 13.9 and 13.10 shall apply here as well.
15.1 The contract can be terminated by parties to the contract in accordance with the contractual agreements or statutory provisions. Every termination must be made in writing to be valid.
15.2 The contract can be terminated without notice by either party for a substantial reason, if a petition for bankruptcy has been filed or proceedings for composition have been instituted.
16. Written Form
All amendments and additions to contractual agreements must be made in writing. This also applies for the revocation or amendment to the requirement for the written form.
17. Applicable law, jurisdiction
17.1 This contract shall be governed by the laws of the Federal Republic of Germany. The application of the UN purchase right is excluded.
17.2 For contracts with businessmen, public sector legal entities or special funds under public law, the courts of Berlin-Charlottenburg shall have jurisdiction.
18. Severability Clause
Should individual regulations of these provisions be ineffective, the validity of the remaining regulations as well as of the contract shall not be affected.
meetyoo Data protection declaration (as at: 15/10/2014)
meetyoo conferencing GmbH (hereinafter referred to as “meetyoo”) attaches the greatest importance to data protection and data security. meetyoo processes personal data obtained during visits to the meetyoo Website in accordance with the legal regulations, in particular the German Data Protection Act (BDSG) and the German Telemedia Act (TMG). This data protection statement extends to all meetyoo Websites. The following statement tells you what information we save and how we handle.
1. Collection, processing and use of personal data
Personal data is collected on our Website by means of various online forms; this data is needed to answer your questions and respond to your requests, or to process online orders. meetyoo is obliged to process only the personal data that is necessary for carrying out these procedures. Some data that is not absolutely essential is collected optionally and may be given voluntarily. We always treat the data we collect from you confidentially, and process it only for the stated purpose. The data is not transmitted or passed on to third parties unless this is necessary for the execution of the contract or meetyoo is obliged to do so by law.
2. Collection, processing and use of non-personal data
3. Data Storage
meetyoo saves data for as long as is needed to achieve the objective in question, or for the obligatory period prescribed by the legal provisions in the legislation.
4. Google Analytics
meetyoo uses Google Analytics, a Web analysis service from Google Inc. (“Google”), on its Websites. Google Analytics uses text files known as “cookies”, which are saved on the visitor’s computer and enable the use of the Website to be analysed. The information generated by the cookie on the use of the meetyoo Websites is generally sent to a Google server in the USA and saved there. In the case of activation of IP anonymisation on this Website, the IP address of visitors from within member states of the European Union or other states that are party to the European Economic Area Agreement will, however, be abbreviated in advance by Google. Only in exceptional cases will the full IP address be sent to a Google server in the USA and abbreviated there. On behalf of the operator of this Website, Google will use this information to evaluate your use of the Website, to draw up reports on the Website activity, and to provide further services for the Website operator relating to the use of the Website and the Internet in general. The IP addresses transmitted from the visitor’s browser under the Google Analytics service will not be combined with other Google data. The installation of the cookies can be prevented by setting the browser software accordingly; meetyoo draws users’ attention to the fact that in such a case, the visitor may not be able to use all the functions of the Website to optimum effect. Visitors may also prevent the data generated by the cookie and data relating to their use of the Website (including their IP address) from being collected and processed by Google, by downloading and installing the following browser add-on.
5. Redirecting (external link)
The providers of teleservices are obliged to inform users of any redirection to another service provider. Where we refer users to another service provider as part of what we offer, we make the redirection clear to you by opening the other service provider’s site in a new browser window and/or a special link colour.
6. Liability for Content
The content of our Website has been prepared with the greatest of care. However, we cannot make any guarantee of the correctness, completeness or relevance of the content. As service provider, in accordance with section 7 (1) of the German Telemedia Act we are responsible for our own content on these pages in accordance with the general laws. However, in accordance with sections 8 to 10 of the German Telemedia Act, we as service provider are not obliged to monitor third-party information transmitted or saved, or to research into circumstances that may indicate unlawful activity. This is without prejudice to the obligation to remove or block access to the use of information in accordance with the general laws. Liability for this is, however, only possible from the point in time when a specific infringement of the law becomes known. On becoming aware of infringements of the law of this kind we will remove the content immediately.
7. Liability for Links
Our Website includes links to the external Websites of third parties; we have no influence on the content of these. We therefore do not accept any liability for this third-party content. The provider or operator of these Websites is responsible for the content of sites to which we provide links. The linked Websites have been checked for any infringements of the law at the time the link was established. No unlawful content was apparent at the time the link was established. However, a permanent monitoring of the content of the linked Websites without specific indication of an infringement of the law cannot reasonably be expected. On becoming aware of such infringements of the law we will remove the links in question immediately.
8. information and Correction
You are entitled to be informed about your stored data. You can request that incorrect data are corrected.
You can withdraw this declaration at any time for the future.
Article 246 § 3 EGBGB, information obligations in the case of contracts in electronic commerce
With respect to contracts concluded in e-Commerce transactions the contractor shall inform the customer about
1. each of the respective steps leading to the conclusion of a contract,
2. whether the wording of the contract will be saved by the contractor and whether the customer will have access to it,
3. his options to detect and correct type errors prior to submitting the order using the technical means provided subject to section 312e paragraph 1 sentence 1 no. 1 of the German Civil Code,
4. the languages available for the conclusion of the contract and
5. all the relevant codes of conduct to which the contractor has committed himself as well as ways of gaining access electronic access to these rules.
With regard to 1: The act of sending an order to meetyoo, meaning clicking on the „order“ button constitutes a binding purchase order by the customer. The conclusion of the contract is completed by the adjacent confirmation of the order by meetyoo transmitted via email.
With regard to 2: The summary of the order is saved by meetyoo and served upon the customer immediately as a PDF document via email. The current general terms and conditions (abbr. GTC/AGB in German) of meetyoo conferencing GmbH apply to the order. The customer can request these anytime at meetyoo or look them up online at /infos/impressum/
With regard to 3: The order process enables the customer to conclusively check all data entered and make corrections if necessary.
With regard to 4: The contractual language is German.
With regard to 5: meetyoo renders its services in accordance with German law (see www.gesetze-im-internet.de ) as well as the provisions of the Telecommunications Act (TKG).