Terms and Conditions

We are pleased that you visit our website (hereinafter referred to as "online marketplace") and thank you for your interest. Use of the Services requires that you agree to these Terms of Use. Please read them carefully before using the online marketplace. By using the online marketplace, you agree to be bound by these General Terms and Conditions of Use (hereinafter referred to as "T&C"). Below we inform you about the use of our online marketplace.


1.       General and scope

1.1.   The following General Terms and Conditions of Use (hereinafter referred to as "T&C") apply to all contracts between the


DeskNow GmbH

Carl-Benz-Straße 27

48734 Reken


represented by the Managing Director Marius Jarzyna


Telephone: +49 (0) 800 3375669

E-Mail: info@desk-now.com

Internet: https://www.desk-now.com


VAT Id: DE 328273243

Seat of the company: Reken

Register Court: District Court Coesfeld

Register number: HRB18625

 

(hereinafter referred to as "DeskNow") and Providers (hereinafter referred to as "hosts")  of premises and equipment (hereinafter referred to as"premises")“ and interested parties (hereinafter referred to as "guest", collectively with the host also called "users") ofthe online marketplace can be reached under the link „ https://www.desk-now.com. 

 

1.2.   These TOBs apply to both consumers and traders, unless a differentiation is made in the respective clause. Pursuant to Paragraph 13 of the German Civil Code (BGB), the consumer is any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to his commercial or independent professional activity. Pursuant to Section 14 of the German Civil Code (BGB), an entrepreneur is a natural or legal person or a partnership with legal rights that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

1.3.   Entrepreneurs within the meaning of these TOBs are also authorities, corporations, institutions, foundations, legal persons under public law or a special fund under public law, which act exclusively under private law at the time of conclusion of the contract.

1.4.   DeskNow's T&Cs apply exclusively. Deviating, conflicting or supplementary general terms and conditions or T&C of the user only become part of the contract if and to the extent that DeskNow has expressly agreed to their validity.

2.        Subject matter

2.1.   The DeskNowwebsite is an online marketplace that allows registered hosts of premises and guests to get in touch, publish advertisements on the online marketplace (hereinafter referred to as the "advertisement")  and book the premises offered there by the hosts and communicate with users.

2.2.   DeskNow creates, maintains and maintains the online marketplace,but does not actively act as an intermediary between users. DeskNow is not the owner, seller, reseller or provider of advertisements or premises and equipment and is not itself a contracting party,proxy or any other party to the contracts concludedbetween users. In addition, DeskNow nicht is active as a real estate tätigagent. For the execution of the contracts, only the legal provisions in the relationship between the host and the guest and, if applicable, deviating general terms and conditions and / or cancellation conditions of the respective users among themselves apply. If DeskNow is not also a service provider itself, DeskNow is not liable for the proper execution of any contracts between the users.

3.        Services and use of the profile

3.1.   When using the profile, the user can use various functionalities or services. Without logging in, the user can view advertisements from hosts and search for unktion various search criteria and filters (location, category of space usage, rating, distance, etc.) in the onlinemarketplace via the search.Marktplatz suchen.

 

3.2.   After successful registration, the user can also use further functionalities or services via the online marketplace:

 

·        The user has the possibility of free creation, editing and publication of ar search ador Profile of a room together with equipment consisting of a description, pictures, availability, additional services, deposit and / or conditions, etc. , which is publicly accessible to every Internet user and can be found via searchengines.

·        The user can edit the status of his or her entry by placing the status of his or her entry online or offline.

·        The user can manage e-mail address(s), contact details, passwords, deletion of the user account, etc.

·        The user can also adjust the desired e-mail notifications function including individual settings.

·        The built-in messaging feature allows users to send messages to otherusers or receive them from other users.

·        The user can make a request for a booking to other usersvia the integratedcalendar.

·        The integrated rating function allows users as a guest to write a rating of the host and a review.

·        The user has the possibility to make transactions and can initiate a payment process.

·        The user can viewthe location of the room and equipment via the map view. anzeigen lassen.

·        The user can create, edit and delete lists of search results (rooms and equipment).

·        The user can send messages to DeskNow via the built-in chat function or the contact form on the website. DeskNow senden.

·        If the user is a guest, he can verify himself in different levels (beginner, advanced and professional) after successful registration.

·        If the user is a host, the user can determine at his advertisements which verification level the guest must meet.

 

3.3.   The user also has the possibility to select certain additional services for a fee when placing an ad and can book them for this purpose against payment of a fee. In the case of booking an additional service, the search results also display advertisements for which the highlighted display (e.g. as a top ad) the respective user has agreed to pay an additional fee. In addition, the user can claim other paid services (e.g. dynamic pricing, floor plan management, etc.) by completing a membership. Further information on the additional services offered for a highlighted presentation and the other paid services can be found in the online offer of DeskNow under the link LINK https://www.desk-now.com.

 

3.4.   In principle, anyone who has a space that meets the requirements of the online marketplacecan become ahost.

 

3.5.   Hosts are themselves responsible for compliance with legal regulations. In this respect, the host is obliged to declare a trade, provided that there is a permanent economic activity. On the other hand, no trade is to be registered if the premises are offered for rent only occasionally and only for a short period of time. If, on the other hand, a host wishes to offer a permanent and/or for a longer period of time a business registration is required.

3.6.   Hosts are obliged to provide adequate insurance cover themselves.

3.7.   If the host entrepreneur in accordance with clause 1.2, the host is also obliged to indicate to his guests the prices to be paid, including VAT and other price components (total prices).

3.8.   The host is himself obliged to check the local laws, regulations, tax regulations and reporting requirements and to obtain any permits before offering a space via deskNow's online marketplace.

3.9.   The host warrants that he is entitled by any owner or main tenant to rent or offer the space offered via DeskNow.

3.10. Hosts are themselves responsible for compliance with the legal regulations, in particular tax regulations, regulations on reporting laws, public law regulations with regard to the rental or transfer of the premises themselves.

3.11. The host is responsible for the taxation of his income. Whether taxes are incurred always depends on the current tax situation of the respective host and must be checked by the host in individual cases. Pursuant to Section 21 (1) of the EStG, the host is in principle obliged to declare income from a short-term rental in the tax return (Annex V, investment rental and leasing).

3.12. The host warrants that the availability information is truthful and complete. He is obligated to keep the availability up to date and to update the availability in his user account immediately in case of changes or deviations in availability. If a cancellation of a booking occurs due to an incorrect indication of availability, the host is obliged to pay compensation to the guest and DeskNow. The host is free to prove that DeskNow or the guest has suffered no or lesser damage.

3.13. The specific graphic and functional design of the contractual possibilities of use, the extension or adaptation of the possibilities of use with additional features or services or their addition with additional services for consideration are at desk by DeskNow. DeskNow is entitled to modify and adapt the specific design at any time, while retaining the contractual possibilities of use.

3.14. DeskNow is entitled at any time to block access to individual content or to the onlinemarketplace, e.g. if there is a suspicion that the users are in violation of applicable law, these TOSs or rights of third parties. The user may avert these measures if he removes the suspicion by presenting appropriate evidence at his own expense. There is no claim of the user to the maintenance of individual functionalities on them onlinemarketplace.

3.15. The onlinemarketplace is available to the user for an unlimited period of time at least 98.5 per annime per year. Unavoidable, unpredictable and exceptional events thatmay lead to the unavailability of theonlinemarketplace,such as power outages, hacking interventions, failures of the telecommunications lines from the transfer point to the Internet are not counted against the minimum availability..

3.16. DeskNow is entitled to engage third parties as subcontractors for the provision of the contractually owed services. In addition, DeskNow may transfer rights and obligations under this Agreement to one or more third parties (contracting). In the event of full contract acceptance, the user has the right to terminate the contract without notice.

4.        Registration, conclusion of contract and user account

4.1.   By completing the online registration process (hereinafter referred to as "registration") and creating a profile, a user agreement is concluded between the user and DeskNow.

4.2.   To register and create a profile, you must create a user account. This differs according to whether the user registers as a guest or host.

4.2.1.  Natural and legal persons can register to use the online marketplace as a guest. The registration of a legal entity can only be carried out by a person authorised to represent. Only guests who are of legal age and able to do business can register as a natural person. If the guest is a minor, registration may only take place with the consent of a legal representative. DeskNow is entitled to make the registration subject to proof of consent from a legal representative. In order to create a user account for the guest, the e-mail address, private person or company, name, mobile phone number and password (hereinafter referred to as "log-in data") is required. After entering the data, the guest receives a four-digit confirmation code via SMS, which he must enter in the input mask. After successful registration, the guest can verify his profile in different levels (beginner, advanced and professional).


4.2.2.  In order to create a user account for the host, it is necessary to provide an e-mail address, name, mobile phone number and password (hereinafter referred to as "log-in data"). After entering the data, the guesthost receives a four-digit confirmation code via SMS, which he must enter in the input mask. In order to complete a successfulnregistration, the full disclosure of the host's company data is required.

 

4.3.   Alternatively, the user can log in to the website to create a user account or to register using the social plugin "Facebook Connect" or "Apple Single-Sign-On" or "LinkedIn Single-Sign-On" as part of the so-called single sign-on procedure, if this is via a Facebook profile, LinkedInprofileor Apple ID. verfügt.

4.4.   The contract with DeskNow for the use ofthe onlinemarketplacecomes from the completion of the online registration process and by clicking onthe checkboxes T&C ("I hereby confirm that I have read and accept the General Terms and Conditions of Use."), Data Protection ("I have taken note of the privacy policy). I agree that my personal data will be collected and stored electronically for the purpose of registering and creating a user account. Note: You can revoke your consent at any time for the future by e-mail to info@desk-now.com.") achieved.

4.5.   The user can view the contract text in his user account in the online system of DeskNow. The contract text is stored in the online system of DeskNow and can be viewed and retrieved by the user using his access data in the password-protected user account.

4.6.   If the user has not made a registration by single sign-on procedure in accordance with clause 4.3., the user will receive a confirmation email with an activation link after the registration process has been completed. Upon completion of the registration process, the user will receive a confirmation email with an activation link. In order to complete the registration process, the user must verify himself by clicking on the link in the confirmation email. There is no right to conclude a user contract.

4.7.   The date of conclusion of the contract between the parties. for DeskNow's additional paid services referred to in clause 3.3. shall be made through the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe").  Within the framework of the payment provider Stripe, DeskNow offers different payment methods. After entering his payment details and selecting the desired payment method, the user also confirms a payment instruction to Stripe by clicking the butT&C that completes the booking process. DeskNow prompts Stripe to initiate the payment transaction after confirming the payment order and accepts the user's offer in case of clicking the butT&C that completes the booking process.

4.8.   The creation of a user account is only possible with a current e-mail address of the user. This e-mail address is also used to communicate with DeskNow.

4.9.   The user warrants that the data used in creating his profile ("Profile Data") is truthful and complete. He is obligated to keep his data up-to-date and to update his data in his user account in the event of changes. The use of pseudonyms is not permitted. The same applies to all information provided by the user when setting up employee logins.

4.10. With the registration, the user creates a password for his user account. The user can change the password at any time in his user account. The user may not communicate or make the password available to third parties and must keep it carefully in order to avoid abuses. The user is also responsible for the confidentiality of employee logins and will instruct his employees accordingly. He is obliged to inform DeskNow immediately if the password has been lost or if he becomes aware that unauthorized third parties have become aware of the password. The user is liable for any misuse of third parties, unless he proves that he is not at fault for this.

4.11. Each user may register for the private and business use of the DeskNow services only once at a time. A user account is not transferable to other users or employees.

4.12. The user can correct his entries made during the online registration process at any time before submitting his registration via the usual keyboard and mouse functions.

4.13. DeskNow stores the terms of the contract, including the T&C, at the time of conclusion of the contract in compliance with data protection. The T&C can be accessed by the user in the footer of deskNow's website under the link https://www.desk-now.com/content/terms-conditions. The booking data is stored in the DeskNow system and can be viewed and retrieved by the user using his access data in the password-protected user account, provided that the user has set up a user account before sending the order.

4.14. The contract is concluded in German.

4.15. The user must ensure that the e-mail address provided by him for registration is correct, so that the e-mails sent by DeskNow can be received at this address. In particular, when using SPAM filters, the user must ensure that all e-mails sent by DeskNow or by desk now or third parties commissioned with the order processing can be delivered.

5.        Admission and access for hosts

5.1.   Prerequisite for the activation as host is the registration of the host and the admission by DeskNow. There is no claim to the circuit of an advertisement.

5.2.   In order to complete the application for admission, the host must enter all necessary company information in the required fields provided in the input form and upload the required documents to his user account. The documents to be reloaded depend on whether the hosthas registered as an official ora uristicperson. These are, for example, a trade declaration for natural persons and a commercial register extract for legal persons or any otherdocument whicherrequireslegitimacy. liches Dokument.

5.3.   The acceptance of the application for admission will be effected after examination by an admission confirmation by e-mail. The approval concludes a service contract for an indefinite period between DeskNow and the respective user in accordance with these terms of use.

5.4.   Legal entities have the option of giving employees in their company their own access authorisation and configuring them according to their wishes in order to enable them to work optimally.

6.        General obligations of users to cooperate

6.1.   The user may, without the express permission of DeskNow, use the onlinemarketplaceonly within the scope of the contractually stipulated private and business purposes. Any misuse that goes beyond this purpose limitation is prohibited by the user.

6.2.   The user may not use advertisements of content without the consent of DeskNow and the user (recipient) (in particular: spam messages).

6.3.   In the event that the content contains hyperlinks on third-party sites, the user warrants that he/she has the right to use the hyperlink and that the website to which it will refer ("Landingpage") is compatible with applicable law and rights of third parties.

6.4.   The user is obliged to handle the login data carefully. The user is prohibited without exception from providing the login data to third parties and/or to allow third parties access to the profile bypassing the login data.

6.5.   The user is obliged to cooperate in the investigation of attacks by third parties on the onlinemarketplace, insofar as this cooperation by the user is required.

6.6.   The user must refrain from any activity that isMarktplatzlikely to affect and/or unduly burden the operation of the online marketplaceor the technical infrastructure behind it. These include in particular:

·          the use of software, scripts or databases in connection with the use of the onlinemarketplacees

·          the automatic reading, blocking, overwriting, modification, copying of data and/or other content, insofar as this is notnecessary for the proper use of the onlinemarketplace.

6.7.   Furthermore, the user must ensure that his information and data transmitted via the onlinemarketplace are not affected by viruses, worms or Trojan horses. The user undertakes to compensate DeskNow for all damages resulting from the non-observance of these obligations for which he is responsible and, in addition, to infrees DeskNow from all claims of third parties, including legal fees and court costs, which they assert against DeskNow due to the user's failure to comply with these obligations.

6.8.   It is also not permitted to waive the anonymity of other users or to disclose information from other users from private messages, emails or chats that are not intended for the public. Users may not include or otherwise disclose information in their posts that may reveal the identity of another user or that the user has received from other users solely in private messages, emails or chats.

6.9.   In addition, the following actions of the user are prohibited and are considered to be misuse of the onlinemarketplace:es:

·          systematic reading of the contact data of other users for the purpose of disclosure to third parties

·          unreasonable harassment of other users by aggressive, obscene, abusive, defamatory or intrusive forum posts or messages

·          extensive or permanent use of the onlinemarketplaceforthe publication and distribution of content that does not correspond objectivelyto the purpose or subject area ofthe onlinemarketplaceor its blogs and forums and which may affectthe attractiveness of theonlinemarketplacetoother users

·          the use of foreign identities for registration, posting, or sending messages.

6.10. Should there be any disturbances during the use of the onlinemarketplaceor its functionalities, the user will inform the operator of this fault immediately. The same applies if the user obtains information about content published by third parties that manifestly violates the applicable law or rights of third parties.

7.        The host's obligations to cooperate with regard to the posting of content

7.1.   The host undertakes not to place any illegal content infringing the laws, regulatory requirements or rights of third parties on the storage space provided.

7.2.   The host undertakes to the operator that any content posted in the onlinemarketplace does not violate applicable lawor morality either by its content or form. Furthermore, the host is prohibited from postponing content that infringes rights, in particular trademark, patent, other intellectual property rights or trade secrets of third parties. The same applies to setting external links.

7.3.   DeskNow may refuse the corresponding processing orders insofar as the contents provided by the host violate applicable law, good morality, legal or official prohibitions. In particular, there is an infringement in the provision of content relating to, presenting or containing the following:

·          Verfassungsfeindlichkeit

·          Racism and/or xenophobia

·          Discrimination

·          Danger to young people and/or glorification of violence and extremism of any kind

·          Calls and incitement to commit crimes and violations of the law, threats against life, limb or property

·          Rushing against people or companies

·          Infringing statements, defamation, violation of honour and defamation by users and third parties as well as violations of the law of fairness

·          Content infringing copyright or other infringements of intellectual property rights

·          sexual harassment of users and third parties

·          Pornography

·          offensive, sexist, obscene, vulgar, vile or disgusting materials and expressions.

7.4.   Copyrighted content may only be included literally in contributions without the consent of the respective right holder within the scope of the applicable citation law. Quotations must be marked by highlighting by means of quotation function and source. Foreign language quotations must also be translated to German that the content is roughly visible. In particular, incorrectly quoted posts may be removed or corrected by the moderators. The distribution and/or public reproduction of any content on the onlinemarketplace without DeskNow's consent is prohibited.

7.5.   DeskNow reserves the right to block third-party content if it is punishable under applicable law or is recognizably used to prepare criminal acts.

8.        Stornierungsbedingungen

8.1.   The guest can cancel up to 14 days before the start of the booked room without specifying reasons and the origin of costs. The guest must Gast declare the cancellation in writing or text form (by letter or e-mail) or via his user account to the host, in compliance with the cancellation deadline. The relevant date for the timeliness of the cancellation is the receipt of the declaration with the host. This shall not affect any right to cancel the guest's booking, if any, as a consumer. Gast


8.2.   In case of cancellation in accordance with clause 8.1., the host will refund the fees already paid to the guest in full. The booking price will be refunded within a period of fourteen (14) days from receipt of the cancellation notice. Unless otherwise agreed between the parties, the host will refund the booking price to the guest using the same means of payment that the guest used when booking the room.

9.        Support

DeskNow will respond to requests from users about the onlinemarketplace within the business hours published on the website under the link  www.desk-now.com/oeffnungszeiten after receipt of the respective question in text form (by e-mail) or by telephone at the hotline number tel.: 

+49 (0) 800 3375669. beantworten. In addition, DeskNow offers the user the possibility to send questions to the support via chat (24/7).

10.     Fees and payment terms for the host

10.1. Unless otherwise agreed, the fees and prices are based on DeskNow's current price list valid at the time of conclusion of the contract under the link www.desk-now.com or www.mypam.com. The stated fees are deducteden in EURO and are netpricee plus the statutory value added tax applicable on the day of invoicing. A subsequent reduction in the booking amount does not affect DeskNow's fees.

10.2. Payment between the host and DeskNow is made through the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). DeskNow uses Stripe Connectfor paymentprocessing. Stripe Connect are programmable APIs and tools that allow the host to receive payments through deskNow's website. To use Stripe Connect, you must register with Stripe Connect. In addition, the host needs a Stripe account for payment processing with DeskNow. Stripe Connect enables Connect platforms to assist in your use of the Services, such as receiving payments for goods or services. More information on Stripe is available on the Internet at https://stripe.com/de/connecthttps://stripe.com/de/privacy or https://stripe.com/payment-terms/legal.  

10.3. The user is only entitled to set-off rights if his counterclaims have been legally established or undisputedly linked to or recognised by DeskNow's main claim.

10.4. Insofar as the user is an entrepreneur, a right of retention of the user is excluded, unless the counterclaim of the user originates from the same contractual relationship and is undisputed or legally established. A written notification to DeskNow is required to assert the right.

10.5. If, after the conclusion of the contract, it becomes apparent (e.g. by requesting the opening of insolvency proceedings) that DeskNow's claim to remuneration is jeopardised by the user's inability to perform, DeskNow is entitled to refuse performance and, if necessary, to withdraw from the contract , if necessary after setting a deadline (Section 321 of the German Civil Code).

11.     Rights

11.1. The user grants DeskNow a spatially and temporally unlimited, irrevocable, non-exclusive, free right to use the posted content in the online offer. DeskNow is entitled to use, edit and exploit the content at any time. This includes, in particular, the right of reproduction, the right of distribution and the right of communication to the public, in particular the right to make available to the public. The user waives the right to name the author. This regulation does not affect the user's ability to grant third parties rights to posted content according to certain licensing models.

11.2. All rights to the contents of the online marketplaceareheld by DeskNow. The user is prohibited from duplicating, distributing and/or publishing content that DeskNow, other users or third parties have posted in the onlinemarketplace.

11.3. DeskNow is entitled to delete or deactivate the content posted by the user if they violate the rights of third parties or third parties assert claims due to a violation of the law, the reasons of which cannot be clearly excluded.

11.4. If DeskNow becomes aware of a possible infringement of the rights by the user's contents, he will immediately notify the user of this in text form.

12.     Liability and indemnification

12.1. With regard to the services provided by DeskNow, DeskNow, its legal representatives and its vicarious agents shall only be liable in the event of intent or gross negligence.

12.2. In the event of a breach of essential contractual obligations, liability also exists in the event of simple negligence, but limited to foreseeable, contractually typical damage.

12.3. Essential contractual obligations are those obligations that DeskNow's contract imposes on its content in order to achieve the purpose of the contract, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance the user may regularly rely (so-called cardinal obligations). Claims for damages resulting from injury to life, body or health as well as under the Product Liability Act remain unaffected by the above restrictions.

12.4. Furthermore, DeskNow is not liable.

12.5. The user indemnifies DeskNow and its employees or agentsfrom all third-party claims arising from this in the event of a claim for alleged or actual infringement of the law and/or infringement of third-party rights by actions carried out by the user in connection with the use of theonlinemarketplace,provided that deskNow is not responsible for the claims and liability. DeskNow is primarily responsible for damages that have arisen causally under this contract as a result of its rights of instruction. For the rest, Section 254 of the German Civil Code (BGB) applies.

12.6. In addition, the user undertakes to reimburse all costs incurred by DeskNow as a result of the use by third parties. Eligible costs include the cost of adequate legal defence.

13.     Personal data, data protection and copyright

13.1. The user hereby consents to the storage of the personal data entered by him. This also applies to the storage of the IP addresses that are transmitted each time the onlinemarketplaceis used. In particular, the user also consents to the presentation of the personal data entered by him in his profile presentation withinthe onlinemarketplacefor other usersofthe onlinemarketplaceand third parties who are not usersof theonlinemarketplace.es sind.

13.2. The use of the onlinemarketplacemakes the collection, processing and use of personal data by DeskNow inevitable. DeskNow assures that all stored data will be handled with care and processed exclusively within the scope of the user's consent under data protection law. DeskNow only makes any further use of personal data if this is permitted by law or if the user has given his prior consent.

13.3. The user further agrees that DeskNow uses the user's personal data for direct marketing purposes. This includes the advertiser's address by e-mail and post.

13.4. In addition, the statutory data protection regulations, in particular the General Data Protection Regulation (GDPR), the Federal Data Protection Act (NEW DATA Protection Act) and the Telemedia Act (TMG) apply.

13.5. Further details can be found in the privacy policy available on the DeskNow website under the link: .

14.     Force majeure

14.1. DeskNow shall be exempt from the obligation to perform under this contract if and to the extent that the non-performance of services is due to the occurrence of circumstances of force majeure after conclusion of the contract.

14.2. Circumstances of force majeure include, for example, war, strike, unrest, expropriation, higher-handed orders, pandemics, cardinal changes in the law, storms, floods and other natural disasters, as well as other circumstances beyond DeskNow's control, in particular water intrusions, power outages and interruptions or destruction of data-carrying lines.

14.3. DeskNow will immediately inform the user of the occurrence of a case of force majeure in an appropriate form.

15.     Contract term and termination

15.1. The user agreement is for an indefinite period of time.

15.2. The user can terminate the user contract at any time without observance of a notice period and indication of reasons.

15.3. Termination is required in the text form (by e-mail). In the event of termination, the user's profile will be deleted, but his posts and content published in forums or blogs will remain without linking to his profile.

15.4. DeskNow is entitled to terminate the user agreement with a period of one (1) month in case of use of a free user account.

15.5. The right of each Party to terminate the contract without notice for important reasons remains unaffected. An important reason exists if the termination part cannot be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all the circumstances of the individual case and taking into account the mutual interests. In addition to the notice of termination, DeskNow is entitled to terminate the user contract without observance of a time limit if there is an important reason. An important reason exists, in particular, if the user

·          violates its contractual obligations (paragraphs 6 and 7).

·          due payments despite reminder and setting of a grace period or violates the contractual provisions on the use of the services;

·          when using the onlinemarketplaceit is culpably and seriously in breach of legal regulations.

15.6.   DeskNow will exercise its right to cancel and delete the user account if the user has not logged in for at least one (1) year and has not responded to a reminder message.

16.     Alternative dispute resolution

16.1. The following rules apply to users who are consumers. The EU Commission provides a marketplace for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr. This marketplace serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

16.2. DeskNow is not obliged and unwilling to participate in a dispute resolution procedure before a consumer arbitration board / universal arbitration body.

17.     Modification of the T&C

17.1. DeskNow reserves the right to change this T&C at any time without giving reasons, unless this is not reasonable for the user. DeskNow will notify the user of any changes to the TOB in text form in good time. If the user does not object to the validity of the new TOS within a period of four (4) weeks after notification, the amended T&C shall be deemed to have been accepted by the user. DeskNow will inform the user in the notification of his right of objection and the meaning of the opposition period. If the user objects to the changes within the aforementioned period, the contractual relationship shall continue to exist on the original terms and conditions.

17.2. DeskNow also reserves the right to change these T&Cs,

·          to the extent that he is obliged to do so by a change in the legal situation;

·          to the extent that it thus complys with an anti-appeal court ruling or a decision by the authorities;

·          to the extent that it introduces additional, completely new services, services or service elements that require a service description in the TOS, unless the previous usage relationship is adversely affected by this;

·          if the change is only beneficial to the user; Or

·          if the change is purely technical or procedural, unless it has a significant impact on the user.

17.3. The user's right of termination remains unaffected by this.

18.     Final provisions

18.1. The law of the Federal Republic of Germany shall apply to this T&C and the contractual relationship between the parties to the exclusion of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law applies only to the extent that the protection afforded is not deprived by mandatory provisions of the law of the country in which the consumer is habitually resident.

18.2. If the user is a consumer and does not have a general place of jurisdiction in Germany or in any other EU Member State, the exclusive place of jurisdiction for all disputes arising from this contract is desk now's registered office in Reken.

18.3. If the user is a merchant in the commercial code, an entrepreneur in accordance with Section 14 of the German Civil Code (BGB), a legal entity under public law or a special fund under public law, the exclusive – also international place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is desk office in Reken. DeskNow is also entitled in all cases to bring an action at the place of performance of the service obligation in accordance with this TOS or a priority individual agreement or at the general place of jurisdiction of the user. Priority legal regulations, in particular on exclusive competences, remain unaffected.

 

As of: 27.10.2020