General terms and conditions

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General terms and conditions

 

1 General information

Coincharge.io (hereinafter Coincharge) is a product of Internetactive GmbH, Willemerstrasse 4, 63067 Offenbach, Germany.

The following General Terms and Conditions (GTC) govern the contractual conditions under which we offer our services.

These terms and conditions are part of the contract and are valid for the present order as well as for the future business between Coincharge and the customer. They are fully accepted by the customer in the version valid at the time of the conclusion of the transaction.

Any provisions deviating from these terms and conditions, in particular the customer’s terms and conditions, are hereby objected to.

German law applies exclusively. The application of the laws and conventions of the international sales law (CISG) is excluded.

Collateral agreements to these GTC must be in writing to be valid.

If, for any reason, individual provisions of these General Terms and Conditions should be invalid, the validity of the remaining provisions shall not be affected.

2 Offer and conclusion of contract

The customer has the possibility on the Coincharge website to put together his individual services from different modules.

The customer transmits his general contact data by pressing the order button.

Coincharge confirms the request for quotation and begins to implement the requested service.

A verbal promise is not sufficient to conclude a contract, unless we provide the service.

Additional agreements are only effective if they have been confirmed by us in writing.

3 Our services and the customer’s obligation to cooperate

Coincharge provides various services in the field of eCommerce, Bitcoin and Lightning.

These services are programming, development and project management of eCommerce projects. This includes the integration of the Bitcoin and Lightning payment methods in eCommerce applications (e.g. Onlineshop), as well as the support and administration of Bitcoin Payment Server as a Managed Service Provider.

The nature and scope of these services shall be based on the agreed service description and, if applicable, other written agreements between the contracting parties.

The details of the possible components of our activity can be found on our website (Coincharge.io).

Subsequent change requests by the customer, which are not part of the ordered service, must be paid for separately by the customer.

The customer provides Coincharge with all content and information needed to provide the services. The prompt delivery of data is the basis for the fulfilment of this contract.

The supplied material and information is provided in electronic form.

If the customer has additional wishes that go beyond the offer, the additional work will be invoiced separately at an hourly rate.

4 Acceptance

After completion of the rendered service Coincharge will inform the customer, the customer is obliged to accept the contractual service immediately. There is freedom of design within the scope of the order.

Should defects in the service be found, Coincharge will remedy them promptly.

The successful elimination of the defects shall be considered as final acceptance. Should the customer discover further defects afterwards, these will be invoiced separately.

The services rendered shall be deemed to have been accepted in accordance with the contract without express declaration and shall be invoiced if the customer does not submit a declaration of acceptance within 10 working days after notification of completion (also in electronic form) and does not make any other comments.

A final acceptance is also automatically present when the customer orders the final online placement.

5 Prices and terms of payment

An order is placed via the Coincharge Onlineshop system and there you will find the respective valid prices and can be found at: https://coincharge.io/shop/

The contractual remuneration shall be stated in each case in Euro plus VAT at the legally applicable rate.

The invoice is issued with the order. The invoice amount is due immediately and can be paid using the payment methods offered in the Onlineshop.

This also applies to subscription invoices, which are usually issued monthly.

If the customer is in default of payment, we are entitled to demand default interest at the statutory rate. We reserve the right to assert further damages. Furthermore, Coincharge is entitled to stop the services immediately.

6 Termination

Any notice of termination must be in writing (letter, fax or e-mail). Partial terminations are permissible insofar as they affect a complete service phase.

If the customer is responsible for the reason for termination, we shall be entitled to the agreed remuneration less any deductions and saved expenses. The parties reserve the right to prove lower or higher saved expenses. Further claims of the customer are excluded.

Subscription services can be cancelled at any time after expiry of the minimum term without giving reasons with a notice period of 4 weeks to the end of a month.

The right to extraordinary termination remains unaffected.

7 Declaration of exemption and liability of the customer

The customer hereby indemnifies us from all claims and demands of any kind, which are asserted against us by third parties due to the contents made available to us by the customer. This includes the reasonable costs of legal defense as well as court costs.

The customer is therefore also liable to us for all content posted by him if it violates legal regulations.

8 Our liability and limitation of liability

Our liability, regardless of the legal basis, is limited to intent and gross negligence. These limitations of liability also apply to breaches of duty by our legal representatives or our vicarious agents.

The limitations of liability do not apply

  1. a) in case of personal injury (injury to life, body or health);
  2. b) for damages caused by the absence of a quality that we have guaranteed
  3. c) in case of violation of cardinal obligations (essential contractual obligations). This includes damage caused by simple negligent breach of such contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer regularly relies and may rely. However, we are only liable to the extent that the damages are typically associated with the contract and are foreseeable.

9 External services, third-party providers

In order to provide the service, Coincharge uses external providers, programmers, sub-service providers and hosting providers.

In addition, the general terms and conditions of the external providers apply, which can be accessed via the websites of the external providers or can be made available on request.

Within the scope of the Managed Service Provider service the general terms and conditions of the external hosting provider Lunanode apply

https://www.lunanode.com/terms respectively and https://nodl.cloud/

Coincharge appears here only as a vicarious agent.

10 Data protection

The customer agrees to the collection, storage and processing of his personal data to the extent that this is necessary for the execution of this contract. This also applies to the billing of the remuneration.

11 Place of performance and jurisdiction

The place of performance with customers who are to be regarded as entrepreneurs within the meaning of § 14 BGB is Offenbach am Main

If the customer is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany, the place of jurisdiction shall be Offenbach am Main. In all other respects the place of jurisdiction shall be determined in accordance with the general statutory provisions.

Offenbach am Main, December 09, 2020

This post is also available in: German

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