General Terms and Conditions
1 Scope and definitions
1.1 MellITSolutions, owner Sarhink Mella, based at Waldstrae 32, 53577 Neustadt (Wied) (hereinafter referred to as “PROVIDER”) operates an online support platform (hereinafter referred to as “PLATFORM”) at www.MellITSolutions.de, which third parties (hereinafter referred to as “PLATFORM”) hereinafter referred to as “CUSTOMERS”) offers the opportunity to request IT solutions.
1.2 These General Terms and Conditions apply to the business relationship between the PROVIDER and the CUSTOMER for the provision of the services provided with regard to the possibility of using the PLATFORM (hereinafter referred to as “SERVICES”).
1.3 The PROVIDER’s offer is aimed exclusively at CUSTOMERS who work as entrepreneurs (14 BGB) or tradespeople. By concluding the contract, the CUSTOMER confirms to the PROVIDER that he will use the services offered exclusively for a commercial or business purpose (as an entrepreneur within the meaning of 14 BGB).
1.4 Conflicting, deviating or supplementary general terms and conditions do not become part of the contract unless the PROVIDER expressly agrees to their validity. These General Terms and Conditions also apply if the PROVIDER provides services without reservation in the knowledge that the PROVIDER’s conditions contradict or deviate from these General Terms and Conditions.
1.5 These General Terms and Conditions also apply to all future service relationships between the PROVIDER and the DEALER (in connection with the platform), without the need for express inclusion.
1.6 These General Terms and Conditions apply from the first use of the services offered, regardless of whether the selected offer is subject to a charge for the CUSTOMER.
1.7 If the generic masculine is used in the following provisions, this only applies for the sake of simplicity and without judgment.
2. Subject of the service
2.2 The subject of the service is limited to the possibility of receiving services via the PLATFORM within a certain framework.
3. user contract; registration
3.1 No registration is required to use the PLATTFORM services.
3.2 The CUSTOMER’s use of PLATFORM’s services is permitted only to the extent set out in these General Terms and Conditions and under the conditions described herein.
4. Rights of use
4.1 The PROVIDER may use the CUSTOMER’s ideas, suggestions and other feedback on the PLATFORM for its own purposes, in particular to further develop and improve the PLATFORM.
4.2 The PROVIDER is entitled to use third parties as vicarious agents to fulfill individual or all contractual obligations.
5. Sole responsibility of the dealer
5.1 The CUSTOMER uses the PLATFORM in his own name and under his sole responsibility.
6 Responsibilities of the Dealer
6.2 The CUSTOMER guarantees that it has all necessary permits and approvals for its activities and operations on the PLATFORM at all times. He must provide the PROVIDER with appropriate evidence upon request.
6.3 The CUSTOMER ensures that the information entered about himself (e.g. VAT identification number, company name, etc.) and about the products corresponds to the formats and specifications required by the PROVIDER as well as the relevant legal regulations and standards and is correct and complete at all times.
6.4 The CUSTOMER shall ensure that no third party rights are infringed by its activities on PLATFORM. If claims for infringement of intellectual property are asserted against the CUSTOMER in connection with his activity on the PLATFORM or if fines or other official sanctions are imposed, he must immediately inform the PROVIDER of this in writing.
6.5 The dealer account is fundamentally not
The CUSTOMER acknowledges that he or she may be temporarily or permanently excluded from the offer (“deactivated”) by the PROVIDER at any time if the conditions stated here are violated.
6.7 The CUSTOMER may only use the PLATFORM within the limits set out in these General Terms and Conditions. In particular, he must refrain from the following:
– provide any defamatory, offensive or otherwise unlawful material or information;
– threaten or harass other people or violate the rights (including privacy rights) of third parties;
– upload data that contains viruses;
– upload software or other copyrighted material unless the trader owns the rights thereto or has the necessary authorizations;
– Intercept or attempt to intercept emails;
– pass on the generated data to third parties.
7.1 All amounts are exclusive of the statutory value added tax applicable at the time.
7.2 The CUSTOMER’s obligation to pay compensation also exists if the service cannot be provided for a reason for which the CUSTOMER is responsible. In this case, however, the PROVIDER must take into account any saved or lost expenses. 7.3.
7.3 All payments to be made by the CUSTOMER are due in advance immediately after conclusion of the contract. Payment providers are advance payment, Paypal or Stripe. The CUSTOMER agrees to receive the invoice electronically. 7.4.
7.4 The CUSTOMER can only offset or assert a right of retention against claims that have been legally established, are undisputed or have been recognized by the PROVIDER.
8 Liability for damages
8.1 The PROVIDER is liable, regardless of the legal basis, within the scope of the legal provisions only in accordance with the following paragraphs.
8.2 The PROVIDER is only liable for damages resulting from injury to life, body or health as well as for damages that are based on intent or gross negligence on the part of the PROVIDER or one of its legal representatives or vicarious agents. In addition, the PROVIDER is liable, subject to the limitation of compensation for the foreseeable damage typical for the contract, for damages that are based on a slightly negligent violation of essential contractual obligations by him or one of his legal representatives or vicarious agents. Essential contractual obligations are obligations whose fulfillment makes the proper execution of the contract possible and on whose compliance the CUSTOMER can regularly rely.
8.3 The PROVIDER assumes no liability for unforeseen software malfunctions caused by third parties or technical “bugs” or data losses over which the PROVIDER itself has no influence. The PROVIDER endeavors to resolve any server malfunctions as quickly as possible and to carry out maintenance work carefully. Furthermore, the PROVIDER cannot guarantee the CUSTOMER that the PLATFORM will be available at all times.
8.4 The CUSTOMER releases the PROVIDER from all claims by third parties that they assert against the PROVIDER due to a breach by the user of these General Terms and Conditions. In this case, the CUSTOMER must also reimburse the PROVIDER for all legal prosecution and defense costs.
9 Responsibility for the content
9.1 The CUSTOMER is solely responsible for the legality, completeness, legal conformity and accuracy of the content posted by the CUSTOMER.
9.2 The CUSTOMER releases the PROVIDER from all claims asserted by third parties against the PROVIDER due to the violation of their rights by the content posted by the CUSTOMER. In particular, the CUSTOMER indemnifies the PROVIDER from the costs of the necessary legal defense (including court and legal fees based on the RVG), unless the CUSTOMER is not responsible for the infringement.
10 Data protection, confidentiality
10.1 The processing of personal data for the provision of the contractually agreed services shall be carried out in compliance with national and European data protection regulations. The processing of personal data required to fulfill the contractual offer is based on Art. 6 lit. b GDPR. In addition, data will only be further processed or passed on to third parties in cases in which the CUSTOMER has expressly consented in advance or the processing/transfer is necessary to fulfill the contract and this is in the CUSTOMER’s interest. Furthermore, the PROVIDER refers to the data protection regulations, which can be viewed on the WEBSITE.
10.2 The contractual partners undertake to treat confidentially any information or documents from the other contractual partner’s sphere that they become aware of in the course of executing the contract and that are not generally known or accessible. This obligation of confidentiality also applies after termination of the contractual relationship.
11. industrial property rights, database
11.1 The PROVIDER’s entire offering is subject to the respective industrial property rights (such as copyright) and is legally protected by the PROVIDER and/or its licensors. This applies in particular to the entire data and database structure as well as to the external appearance of the website.
11.2 All legally protected content of the PROVIDER as well as the entire data and database structure may not be published, reproduced, made publicly available or passed on to third parties without the express prior consent of the PROVIDER. The CUSTOMER receives a simple, non-transferable right of use limited to the duration of the contract to reproduce the analysis results for personal use (e.g. by printing, copying). Commercial use without the PROVIDER’s prior consent is in any case not permitted. 11.3.
11.3 Automated data retrieval using scripts, bots, crawlers, etc., by bypassing the search mask, using search software or comparable measures (in particular data mining or data extraction) as well as accessing the protected data and database content in any other way is not permitted. The right to assert claims for damages in this context is expressly reserved.
12. Right to withdraw
The PROVIDER concludes contracts exclusively with entrepreneurs within the meaning of 14 BGB, so that there is no legal right of withdrawal.
13 General Provisions
13.1 The place of fulfillment is, to the extent permitted by law, Stuttgart. The exclusive place of jurisdiction for disputes with merchants, legal entities under public law or special funds under public law arising from contracts is Neustadt (Wied).
13.2 Subsidiary agreements to these General Terms and Conditions do not exist and must be in writing to be effective. This also applies to any change to this provision itself.
13.3 The possible invalidity or ineffectiveness of one or more provisions of these General Terms and Conditions does not affect the effectiveness of the remaining provisions. The parties undertake to replace the invalid provision with an effective provision that comes closest to the intended provision in economic and legal terms.
13.4 The PROVIDER reserves the right to change these General Terms and Conditions for important reasons at any time, unless the change is unreasonable for the CUSTOMER. Important reasons include, in particular, changes in the law, changes in case law or significant operational and/or economic changes to the PROVIDER. In this case, the PROVIDER will notify the CUSTOMER in a timely manner. If the CUSTOMER does not object to the new General Terms and Conditions within a period of two weeks after notification, the changed General Terms and Conditions are deemed to have been accepted by the CUSTOMER.
13.5 The law of the Federal Republic of Germany applies exclusively to all disputes in connection with the use of the PLATFORM, regardless of the legal basis, excluding all conflict of law provisions that refer to another legal system.
Status: MAY 2023