Terms and Conditions (GTC)

§ 1 Scope

(1) These General Terms and Conditions (GTC) apply to all electronically networked services (hereinafter referred to as "provider services") offered via the website www.vertriebskraftwerk.de or on related servers. These services are offered by Vertriebskraftwerk GmbH (hereinafter referred to as "provider") for entrepreneurs (hereinafter referred to as "users").

(2) The use of these services is only open to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). Entrepreneurs are natural or legal persons as well as partnerships with legal capacity who, when concluding the contract, are acting in the exercise of their commercial or independent professional activity.

(3) The provider's services include in particular internet- and app-based applications that support the targeted data collection of customer or prospective customer data of the user (so-called end users) as well as the subsequent data evaluation.

(4) When using the provider's services, the data protection requirements must be observed, in particular the provisions of Sections 4, 7 and 8 of these Terms and Conditions. The legal requirements and regulations must be complied with in all cases.

(5) Please note the contract for order processing at https://app.vertriebskraftwerk.com/legal/opc?version=2.2.

§ 2 Scope of services

(1) The scope of the provider’s services is determined from the respective product descriptions and the conditions overview.

(2) The provider strives to keep its services accessible at all times. However, temporary restrictions or interruptions may occur that are beyond the control of the provider, such as technical problems or scheduled/unscheduled maintenance work.

(3) Events of force majeure, such as wars, power outages, extremely bad weather, strikes or conflicts between employers and employees, may also lead to malfunctions and disruptions in Internet data transfer.

§ 3 Steps to conclusion of contract, input errors

(1) The offer on the website www.vertriebskraftwerk.de is aimed at entrepreneurs in accordance with Section 1 Paragraph 2 of these Terms and Conditions who meet the requirements. Interested parties who are considered to be such entrepreneurs can register for the provider's services using the registration form. Entering data in the registration form does not constitute a binding offer.

(2) After successful registration, the interested party will receive a registration confirmation email to the specified email address. This email contains a confirmation link that the interested party must activate for final registration.

(3) The contract is concluded by an express confirmation of the contract (confirmation of contract conclusion) by the provider or by the provision of specific services by the provider.

§ 4 Duties and responsibilities of the user

(1) The user is obliged to ensure that all data provided by him is correct and complete and that it is kept up to date for the entire period of use. Changes to personal data can be made at any time after logging in. Incorrect information regarding the company status will lead to immediate blocking of access and extraordinary termination without notice by the provider. The provider reserves the right to claim damages in such cases.

(2) The user is responsible for keeping his password secret and should choose a secure password that consists of different letters and numbers and is not easy to guess. The user is liable for any damage caused by sharing his password.

(3) The use of the services, which are only accessible via the password, may only be carried out by the registered user for his own services. Passing on the use of the provider's system to third parties is not permitted. In the event of a violation, the user is fully liable, in particular for lost profits.

(4) The user must ensure that the recipient (usually the end user) has consented to receive Vertriebskraftwerk. If this consent is not clearly given, Vertriebskraftwerk links may not be sent to the recipient. In the event of a violation, the user indemnifies the provider against claims for damages from third parties, including the costs of the necessary legal defense up to the statutory amount. This does not apply if the user is not responsible for the violation. The user is also obliged to immediately provide the provider with all information required to examine claims and to defend itself.

(5) If data or content provided by the user violates applicable law or these Terms and Conditions, the provider reserves the right to remove this data or content without prior notice and to block the user's access to the services. The user is obliged not to distribute any illegal, obscene, defamatory or otherwise impermissible content via the provider's services.

(6) The user is obliged to provide up-to-date and complete company and contact details in his profile, which he can view and edit after logging in to the website www.vertriebskraftwerk.de. This information can also be used automatically to create the user's respective provider identification. The user is solely responsible for all mandatory information in connection with his offers, such as the provider identification, the data protection declaration and information on the right of withdrawal. The provider is not responsible for compliance with the statutory mandatory information that the user must publish or make available.

(7) When using the provider's services, the user must observe the applicable laws and protect the rights of third parties. In particular, the user is prohibited from: • violating the protective rights of third parties such as trademarks, copyrights or other intellectual property rights as well as name or other personal rights by transmitting, sending or receiving emails or their contents; • transmitting offensive, defamatory, pornographic, harmful to minors, suggestive or sexually oriented or otherwise criminally relevant content or links to such content; • sending unsolicited advertising (so-called spam) electronically to third parties; • transmitting data obtained from end users and/or interested parties to third parties without the effective consent of the affected end users and/or interested parties; • illegally manipulating or impairing the system provided by the provider.

(8) The customer may not use the "Vertriebskraftwerk" application to send sensitive data within the meaning of Article 9 paragraph 1 of the General Data Protection Regulation (GDPR) or data that falls within the scope of Section 203 of the Criminal Code (StGB). If the user intends to use the application in this way, he must first conclude a separate contract for order processing in writing with the provider.

(9) The customer is obliged to carry out a continuous export and parallel storage of the communication and data created, sent and/or generated via the "Vertriebskraftwerk" application. The provider deletes the communication and data generated via the "Vertriebskraftwerk" application after a storage period of 24 months, unless expressly agreed otherwise.

(10) The customer may use the "Vertriebskraftwerk" application for his manual communication and the data exchange initiated thereby. Automated sending of "Vertriebskraftwerk" links by email is prohibited. In particular, the use of bots for this purpose is not permitted.

(11) In the event of a breach of paragraph 10, the provider reserves the express right to impose a temporary restriction or time limitation on its services.

§ 5 Liability & Warranty

(1) The user's claims for damages are excluded unless otherwise specified below. The above exclusion of liability also applies to the legal representatives and vicarious agents of the provider, provided that the user asserts claims against them.

(2) Excluded from the exclusion of liability specified in paragraph 1 are claims for damages due to injury to life, body or health as well as claims for damages arising from the breach of essential contractual obligations. Essential contractual obligations, so-called cardinal obligations, are those whose fulfilment is necessary to achieve the purpose of the contract and on whose compliance the contractual partner regularly relies and may rely. In this case of a breach of cardinal obligations, the amount of the claim for damages is limited to the typically occurring, foreseeable damage. Also excluded from the exclusion of liability is liability for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.

(3) Provisions of the Product Liability Act (ProdHaftG) remain unaffected.

(4) It is expressly pointed out that the provider assumes no liability for temporary restrictions of the provider's system and/or system failures therein, which each fall under Section 2 Paragraph 2 of these General Terms and Conditions.

(5) In all other respects, the statutory liability for defects shall apply.

§ 6 The definition

(1) Definition of the term "Vertriebskraftwerk-Link": The term "Vertriebskraftwerk-Link" in these general terms and conditions and in the context of the provider's services refers to an email that the user sends to third parties via the service www.vertriebskraftwerk.de and which contains a link to the user's specific data collection / data query.

§ 7 Contract term, payment methods, payment deadline, termination & blocking

(1) Fees are charged for the use of the provider's services, which are invoiced to the user at the end of the current billing period. The exact type and amount of the fees incurred are listed in the contractual conditions overview.

(2) Invoices created can be paid using the payment methods offered on the website www.vertriebskraftwerk.de, which can be viewed there under the link "Conditions". The payment period is 14 days.

(3) The term depends on the tariff option selected. The current tariffs can be found in the contractual conditions overview.

(4) Terminations by the customer can be made digitally in the closed customer area via the button "Cancel now" or in writing.

(5) The right to extraordinary termination for good cause remains unaffected. Such a reason exists for the provider in particular if, due to external circumstances, it can be assumed that the provider's services are being used improperly. This is also the case, among other things, if the user provides false information contrary to Section 1 Paragraph 2 of these Terms and Conditions.

(6) If there is an important reason for which the user is responsible, the provider is also entitled to immediately block the user's access to the provider's services. This is particularly the case if the customer has given cause for immediate termination of the contractual relationship or if the provider's facilities are at risk.

(7) The provider may also block the user's access if the customer is in arrears with at least one average monthly invoice amount (see Section 8 paragraph 1 of these General Terms and Conditions).

(8) In the event of termination for good cause by the Provider, the Provider may continue to demand the amount due in accordance with the conditions for the services used by the User.

§ 8 Default

(1) The user shall automatically be in default, even without a reminder, if he does not pay the amount due within 14 days of receipt of the invoice at the latest, so that it is received by the provider within this period in the account specified in the invoice or in the contract.

(2) In the event of default by the user, interest shall be charged at a rate of 9 percentage points above the base interest rate in accordance with Section 288 paragraph 2 of the German Civil Code (BGB).

(3) In the event of default by the user, the provider is also entitled to payment of a flat rate of 35 euros. This flat rate is to be offset against any claims for damages, provided that the damage is based on the costs of legal action. The right to assert further damages remains reserved.

§ 9 Applicable law & place of jurisdiction

(1) The contractual relationship between the provider and the user is subject to the law of the Federal Republic of Germany. The mandatory consumer protection regulations of the country in which the customer has his habitual residence are excluded from this choice of law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

(2) The place of jurisdiction for all disputes arising from the contractual relationship between the user and the provider is Lüneburg, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.

§ 10 Amendment of these Terms and Conditions

(1) The provider reserves the right to make changes to the service description, the general terms and conditions and other conditions. However, such changes are only permitted for important reasons, in particular due to new technical developments, changes in case law or similar reasons. A change is only permitted if it does not significantly disturb the contractual balance between the parties. Changes require the consent of the customer unless they are to his advantage.

(2) Changes to the General Terms and Conditions that are exclusively for the benefit of the customer are generally permitted. The same applies to the introduction of additional, new services, services or service elements that require a service description in the General Terms and Conditions, provided that this does not adversely affect the existing user relationship. Technical or procedural changes to the General Terms and Conditions are also permitted, unless they have a significant impact on the customer.

(3) Price changes that are exclusively for the benefit of the customer are generally permitted.

§ 11 Contract text storage and contract language

(1) The provider saves the contract text and sends the order data and the general terms and conditions to the user by email.

(2) The contract language is German.

§ 12 Invalidity of a provision & subsidiary agreements

(1) Should any provision of this Agreement be or become invalid or should the Agreement contain a gap that requires filling, this shall not affect the validity of the remaining provisions.

(2) Oral side agreements are only valid if they are confirmed by the provider in writing.

End of the Terms and Conditions