Supplementary terms of business for premium membership
Supplementary terms of business for premium membership
§ 1 Object of agreement and contracting parties
Registered experts have the option of using the homify portal or the homify portal application with advanced features and services in line with a so-called “Premium Membership” for a fee. In this case the expert’s contracting party is the service provider of the homify portal, Homify Online GmbH & Co. KG, Brunnenstraße 110c, 13355 Berlin, DE (please refer to Imprint for additional information about the service provider).
§ 2 Validity of the supplementary terms of business
The Premium Membership is provided by the service provider subject to these supplementary terms of business for Premium Membership (hereinafter: the “STB”) as well as the service provider’s additionally applicable “Terms of Use for Experts”. These apply exclusively. The service provider does not accept the expert’s deviating terms. This also applies if the service provider does not specifically object to their inclusion.
§ 3 Services available with Premium Membership
The scope of options of the homify portal application (features and other services) made available to the expert by the service provider with Premium Membership are specified in the respective contract (§ 4).
§ 4 Conclusion of contract, available languages, storage of wording
(1) The expert can conclude the contract for Premium Membership on the homify portal or through a separate online application (order app Monsum and Payrexx) or in writing using the corresponding order form.
(2) The offer to conclude a contract for Premium Membership constitutes a binding offer by the service provider to conclude a contract for a Premium Membership. The relevant contract for Premium Membership is concluded by the respective expert accepting the offer. When concluding a contract for Premium Membership via the homify portal, the contract is concluded by clicking the “Order Premium now” button. When concluding a contract for Premium Membership via the mobile order apps (Monsum and Payrexx), the contract is concluded by clicking the “Buy product now” (Monsum) or “Buy now” (Payrexx) button. The expert will receive a confirmation via email directly after submitting the order.
If the contract for Premium Membership is concluded in writing, the contract is concluded upon the expert signing the order form (= the expert’s acceptance of the offer).
(3) German is the language available for contract conclusion via the homify portal as well as the order app.
(4) The wording of the contract is not stored by the service provider upon conclusion of contract via the homify portal or the order app, and therefore no longer available there.
§ 5 Payment and payment method
(1) The fee for the use of the homify portal with a Premium Membership is defined by the respective contract between the service provider and the expert (§ 4).
(2) The fee according to § 5 (1) must always be paid annually in advance, with the first payment due at the time the contract is concluded. The following payments are due every 6, 12 or 24 months, depending on the term of contract, starting on the day of contract conclusion (example: contract conclusion and due date for the first payment on 01.01.2018 > subsequent payments due on 01.01.2019, 01.01.2020, etc.). The payment methods offered are specified during the ordering process.
(3) If the parties agree on monthly instalments of the annual fees according to § 5 (2), the annual payment must be made in twelve equal monthly instalments. In this case, the first instalment is due upon contract conclusion, in the following months the subsequent instalments are each due the same calendar day the contract was concluded (example: contract conclusion and due date of the first instalment on 01.01.2018 > subsequent instalments due on 01.02.2018, 01.03.2018, etc.).
(4) If the service provider grants the expert monthly instalments of the annual usage fee and the expert is completely or partially in default of payment with an instalment payment by more than 14 calendar days, the remainder of the annual fee is then due in one lump sum.
§ 6 Term of Premium Membership and termination
(1) When ordering Premium Membership, the expert can choose one of the following minimum terms: 6, 12 or 24 months.
(2) If the expert does not terminate the contract for Premium Membership at least three months prior to the respective end of the contractual term, the Premium Membership is automatically renewed for the same minimum term chosen according to § 6 (1), not to exceed 24 months. Apart from that, proper notice of termination is excluded. The right of both parties to extraordinary termination remains unaffected.
(3) All notices of termination must be made in writing.
§ 7 Liability
(1) The service provider is liable in the case of intentional or grossly negligent breach of duty – regardless of the legal basis – according to the legal provisions.
(2) In the event of ordinary negligence, the service provider is only liable for damages resulting from the breach of a material contractual duty. Material contractual duties are those, which must be fulfilled to enable the proper performance of the contract and the adherence to which the expert routinely relies on and can rely on. In the event of a breach of material contractual duties, the obligation to pay damages or compensation is limited to typical damages foreseeable at the time the contract is concluded.
(3) The limitation of liability according to § 10 (2) does not apply to damages resulting from the injury to life, limb or health as well as claims under the Product Liability Act or if a defect was fraudulently concealed or a quality guarantee was given.
(4) The preceding exclusions and limitations of liability apply in favour of the service provider’s bodies, legal representatives, employees and other vicarious agents to the same extent.
§ 8 Final provisions
(1) These STB and the overall legal relationship between the provider and the user are exclusively subject to the law of the Federal Republic of Germany excluding the CISG (United Nations Convention on Contracts for the International Sale of Goods).
(2) If the expert is a merchant with main establishment in Germany at the time the order is placed, the sole place of jurisdiction is Berlin, the headquarters of the service provider. Furthermore, the applicable legal provisions apply to the local and international jurisdiction.
(3) If individual provisions of the contract, in particular the STB, prove to be invalid in full or in part, this does not affect the validity of the remaining provisions of the contract or the STB.
