Terms of Use
General Terms and Conditions
published by BeonIT GmbH&Co.KG ( beonit )
§ 1 Purview, Conclusion of Contract
1. These General Terms and Conditions of Use govern the entire business relationship between beonit and its customer pertaining to the personalized network operated by beonit; they supplement the general House Rules published by beonit. Other conditions formulated by the customer shall be deemed invalid, unless they have been agreed to in writing by beonit. The terms offered by beonit and accepted in writing by the customer shall take precendent.
2. Products and services offered by beonit are subject to alteration without notice.
3. The contents of the paid membership are found in the current beonit service description which specifies the complete contents of the service offered by beonit.
3. The customer may terminate the contract subject to statute law, or based on mutual agreement. Notice of termination of contract of agreement must be given in writing.
4. beonit is permitted to employ subcontractors to fulfill its constractual obligations.
5. The customer agrees that beonit may serve valid statutory declarations electronically (i.e. per e-mail).
§ 2 Legal Position of beonit, Liability
1. beonit takes no part in business relations and business transactions among users, it is neither representative nor contract partner. beonit only offers a communications platform and the technical means necessary to establish contact.
2. beonit is liable to the customer, irrespective of the legal argument, for damages caused deliberately or through grave negligence. Any liability for slight negligence is limited to the breach of essential conditions of contract with the exception of atypical damages. Liability for slight neglicence is limited to the amount of double the annual membership fee.
Any inalienable statute regulations of product liability remain intact.
§ 3 Purchase / Sale by Members
Insofar as the beonit portal may be used for the purpose of buying or selling products and / or services, it is expressly understood that beonit takes no part in the transaction contractual or otherwise.
The vendor is expressly notified that a commercial sale is subject to many statute regulations, particularly those of mail order (Fernabsatzgesetz §312b ff), provided that the buyer is a consumer subject to §13 BGB. Beonit offers no legal advice in accordance with the law of legal advisory (Rechtsberatungsgesetz). We ask members to seek proper legel advice.
§ 4 Prices, Terms of Payment
1. Amounts payable are due for one year in advance or, in the event of short-term memberships, for the entire life of the contract, and are payable immediately. In the event of early termination of contract, partial refunds are not possible.
2. In the event of price increases, the membership period already paid for in advance by the customer is not effected.
3. Customer payments are due immediately. Payments are past due after 14 days. Past due or delayed payments are subject to interest payable on arrears at the rate of 5 % above the basic bank rate of the German Bundesbank. The payment of interest on arrears does not preclude beonit from claiming further damages.
4. Costs which are incurred by beonit due to returned payments or debit notes shall be billed to the customer, in addition to a processing fee of 10.00 €.
5. In the event that payments are past due for more than 14 days, beonit reserves the right to deactivate existing database entries until past due invoices are fully paid, and to terminate the contract of agreement subject to immediate notice.
6. The customer is only permitted to set off payments against indisputable or legally binding claims.
§ 5 Termination of Membership
1. Irrespective of their right to early termination (see our House Rules), both parties are permitted to terminate the membership at the end of a month, provided that one month notice is given. beonit terminates contracts via e-mail. In addition, the customer is able to personally to delete his/her profile at any time.
2. beonit has the expressed right of early termination, if
- a member violates any Requirments of the House Rules
- beonit is no longer able to offer its communications platform or parts thereof due to technical or contractual reasons involving a third party.
- in the event of § 4 No. 5 of this provision
3. Nach Beendigung des Vertrages wird das Profil des Kunden von beonit gelöscht. Die Beiträge in den Foren bleiben auch nach der Kündigung zusammen mit dem Namen sichtbar.
4. Im Falle einer Premium- oder Exekutive-Mitgliedschaft kann die Leistung nach Ablauf der bezahlten Zeitspanne auf die kostenlose Basismitgliedschaft zurückgesetzt werden oder auch das Profil gelöscht werden. Bei der Löschung des Profils verfallen aber auch alle Ansprüche gegenüber beonit. Eine Rückerstattung von gezahlten Beiträgen ist nicht möglich.
§ 6 Data and Responsibility
1. An entry in the beonit database may consist of text, graphics, sound or video documents.
2. The member is solely responsible for the legal admissability and license of any data inserted into the beonit database for publication. Members are expressly reminded to respect coyprights. For more detailed regulations please refer to beonit House Rules .
3. The customer is required to keep beonit free of any claims from third parties, which arise from his conduct, or from actions or neglect for which the customer is held responsible.
4. beonit is not liable for damages to the customer which arise from abuse or incorrect use of the information stored in the beonit database.
§ 7 Technical Malfunctions
1. Database server down-times may occur due to important technical maintenance work. Down-time amounting to up to 5 % of the annual operating period does not justify any reduction in membership fees.
2. In the event of Force Majeur or malfunctions which are evidently beyond the control or area of responsibility of beonit, (i.e. disruption of Telekom or internet provider services) beonit is released from the requirement to fulfill orders, or to pay damages.
3. The customer is required to inform beonit without delay if malfunctions are encountered during the use of the server.
§ 8 Privacy and Confidentiality
1. In the course of the fulfillment of its contractual services beonit will handle various customer date, including personal information (address information), usage and billing information (process information). beonit expressly notifies the customer that the internet is an open data network which at this stage of development cannot offer complete protection against unauthorized third party access to personal data. It is, therefore, up to the customer to ensure that the password issued to him is kept safe, and that information submitted by him via internet is not compromised.
2. beonit endeavours to protect customer information from unauthorized third party access, particularly if this information is confidential by law or marked as confidential by the customer. This does not apply to information which is publically available already, or if internationally accepted technical standards require it, and if beonit is legally bound to make the information available to third parties, particularly government agencies which request the information. In the course of domain registrations, as an example, beonit is required to submit data to internet service providers which will be published according to the regulations of the internet name registration authorities.
3. The customer agrees that beonit may store address and process information for the duration of the contract of agreement – unless the customer expressly disagrees - when and if this is necessary to fulfill the contract, i.e. to process invoices.
§ 9 Provision
1. The customer may transfer contractual privileges to third parties only by permission of beonit, and he may set off payments to beonit only against indisputable or legally binding claims.
2. If the customer is a merchant (Kaufmann) as defined by the German HGB, jurisdiction will be at the place of business of beonit.
3. Unless agreed otherwise, the place of business of beonit is the place of fulfillment. Applicable law is the law of the Federal Republic of Germany excluding UN sales law, unless higher law takes precedent.
4. Amendmends to the contract need to be stipulated in written form. This also applies to changes of the requirement of written amendmends.
5. If any provision of these Terms of Use or contract is or becomes invalid, or if the contract lacks a provision which needs to be included, the other provisions remain valid. The invalid or missing provision is replaced by a new provision which best serves the purpose of the contract.
