GENERAL TERMS AND CONDITIONS (“AGBs”) OF TEGLEZ VENTURES UG (HAFTUNGSBESCHRÄNKT)
1. SCOPE & APPLICATION
1.1 These general Terms and Conditions (hereinafter “AGBs”) apply to all business relationships between Teglez Ventures UG (haftungsbeschränkt), Buttmannstr. 14 c/o Tejera 13357 Berlin, Germany (hereinafter referred to as “Provider”) and its customers (hereinafter referred to as “Customer”) in their version valid at the time of conclusion of the contract.
1.2 Failure to agree and adhere to all of the terms, conditions and obligations contained herein results in the express prohibition of the Customer’s use of the Website, and the Customer is ordered to discontinue use immediately. Thereafter the relationship between Customer and Inboxing.co shall cease and be of no further force and effect between the parties, except that any obligation of Customer to pay Inboxing.co for services rendered shall remain and continue to be an ongoing obligation owed by Customer to Inboxing.co.
1.3 Deviating, conflicting or supplementary general terms and conditions of the customer only become part of the contract if and insofar as the provider has expressly agreed to their validity.
2. SERVICES
2.1 The Provider offers Inboxing.co online marketing services on a subscription basis. The exact scope of the services is specified in the respective service descriptions on our website or in individual agreements.
2.2 The Provider offers two subscription products:
2.2.1 Yearly contract: Monthly payment of €999 with a minimum duration of 12 months, renewed automatically every 12 months unless terminated. Termination only possible with a 1 month notice at the end of each 12-month contract period.
2.2.2 Monthly contract: Monthly payment of €1999 with a minimum duration of 1 month, renewed automatically every month unless terminated. Termination only possible with 1 month notice.
3. PAUSE FUNCTION AND BILLING CYCLES
3.1 Billing cycles are based on 31-day periods for monthly contracts and 12-month periods for yearly contracts.
3.2 The customer may pause their subscription. If a customer pauses their subscription after using the service for a portion of the billing cycle, the remaining portion will be kept in balance. For example, if a customer signs up, uses the service for 21 days and then decides to pause their subscription, the billing cycle will be paused, and the customer will have 10 days of service remaining to be used at any time in the future.
3.3 Payments are still due during the paused time for the contractually agreed upon duration of either 1 month or 12 months. The use of the pause function does not exempt the Customer from paying.
4. CONCLUSION OF CONTRACT
4.1 The presentation of our services on our website, Inboxing.co, or in individual offers does not represent a legally binding offer but is a non-binding invitation to order our services.
4.2 The contract between the Provider and the Customer for the use of the Provider’s services is concluded when the Customer accepts the Provider’s offer by clicking the “Order” button or by sending a written order.
5. PRICES AND PAYMENT
5.1 The prices for our services are stated in the respective offer. Unless otherwise agreed, our prices are net prices in Euro and do not include the statutory value-added tax.
5.2 The payment of the subscription fees is due immediately upon conclusion of the contract and then at the beginning of each new subscription period.
6. DURATION AND TERMINATION
6.1 The duration of the contract and termination conditions are according to the selected subscription product (see 2.2).
6.2 The right to extraordinary termination for good cause remains unaffected.
7 DATA PROTECTION
7.1 The Provider processes personal data of the Customer in accordance with the provisions of the German Federal Data Protection Act (BDSG) and the General Data Protection Regulation (GDPR).
8. USER DATA
8.1 The Customer is solely responsible for all data transmitted to or that relates to any activity the Customer has undertaken using the Service. Inboxing.co and Teglez Ventures UG shall have no liability to the Customer for any loss or corruption of any such data, and the Customer hereby waives any right of action against Inboxing.co and Teglez Ventures UG arising from any such loss or corruption of such data.
9. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
9.1 The Customer hereby consents to receive electronic communications from Inboxing.co and Teglez Ventures UG and agrees that all agreements, notices, disclosures, and other communications sent via email or through the Service satisfy any legal requirement that such communication be in writing.
9.2 The Customer hereby agrees to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by Inboxing.co and Teglez Ventures UG or through the Service.
9.3 The Customer hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic.
10. SHOWCASING DESIGN WORK
10.1 Inboxing.co and Teglez Ventures UG reserve the right to share design work on digital channels including social media, website, etc., unless otherwise agreed upon. The Customer reserves the right to issue a Non-Disclosure Agreement (NDA) between themselves and Inboxing.co and Teglez Ventures UG, which in turn would void the right of Inboxing.co and Teglez Ventures UG to share or discuss the Customer’s work publicly.
11. Customer Feedback
11.1 The Customer acknowledges and agrees that any questions, comments, suggestions, or other feedback or submission (each a “Submission”) shall be the sole property of Inboxing.co and Teglez Ventures UG. Inboxing.co and Teglez Ventures UG are under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission.
11.2 Inboxing.co and Teglez Ventures UG shall be the sole and exclusive owner of all rights related to the Submission, and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment, or compensation of or to the Customer.
11.3 The Customer agrees that it has the right to articulate and put forth the Submission and the Customer hereby waives all claims and recourse against Inboxing.co and Teglez Ventures UG for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.
12 LIMITATION OF LIABILITY AND INDEMNIFICATION
12.1 Inboxing.co, Teglez Ventures UG, and its directors, employees, members, independent contractors or agents shall not be liable to Customer or any third party for any direct, indirect, consequential, incidental, special or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures or other damages or losses arising from Customer’s use of the Website/Service.
12.2 Customer agrees to defend, indemnify and hold harmless, Inboxing.co, Teglez Ventures UG, its subsidiaries, affiliates and all respective officers, members, agents, partners, employees, and independent contractors from and against any loss, damage, liability, claim or demand including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Website/Service; (2) breach of these Terms of Use; (3) any breach of Customer’s representations and warranties set forth herein; (4) Customer’s violation of the rights of any third party, including but not limited to intellectual property rights.
12.3 Notwithstanding the foregoing, Inboxing.co reserves the right, at Customer’s expense, to assume control and defense of any matter for which Customer shall be required to indemnify Inboxing.co and Teglez Ventures UG hereunder. Customer agrees to cooperate with the defense of such claims.
13. OWNERSHIP OF CONTENT
13.1 All projects completed for the customer by Inboxing.co are the property of the customer.
13.2 In the case of outstanding invoices, the work produced by Inboxing.co remains the property of Inboxing.co until all invoices are settled.
14. REFUNDS AND RETURNS
14.1 Refunds and returns are assessed on a case-by-case basis.
15. GOVERNING LAW AND JURISDICTION
15.1 The contracts between the Provider and the Customers shall be governed by the laws of the Federal Republic of Germany.
15.2 The place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider is the Provider’s registered office.
16 FINAL PROVISIONS
16.1 Should individual provisions of these general terms and conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.