Terms and conditions for service providers

(Oldenburg, 15.08.2016)

Preamble

(1) APPOINTMAN is a service range from “APPOINTMAN UG (haftungsbeschränkt)” (called APPOINTMAN in the following).
(2) APPOINTMAN offers service providers from numerous sectors the opportunity to arrange appointments with their clients through their smartphones and the homepage of the service provider. Furthermore service providers as well as clients have the option to cancel appointments. This service is carried out in Oldenburg. (3) This does not result in a contractual relationship between APPOINTMAN and the clients of the service provider. APPOINTMAN is not bound to the contractual relationship between the service provider and their clients, neither as partner nor as representative, nor as a mediator.

§1 – Validity

(1) The terms and conditions presented contain all regulations between APPOINTMAN and the service provider regarding the contractual object. Previous agreements and specifications of the parties concerning the contractual object will be rendered invalid when this agreement comes into effect.
(2) Terms and conditions of the service provider are not and will not be subject of the contractual relationships of these parties. Their validity is hereby expressly objected.

§2 – Contractual object

(1) APPOINTMAN is available as a service provider to other service providers who wish to use its online booking system via the Internet. The online booking system allows service providers’ clients to book appointments online via the Internet.
(2) With the APPOINTMAN diary service providers have the option to manage their appointments via pc, tablet or smartphone using an Internet connection.

§3 – Services APPOINTMAN

(1) APPOINTMAN receives appointment bookings from clients and service providers via the Internet.
(2) Through the booking system the service provider immediately receives a notification via email and an optional push notification on their smartphone or tablet.

§4 – Participation of the service provider

(1) The service provider is responsible for the management of the bookings carried out through APPOINTMAN.
(2) If the service provider cannot keep an appointment – for whatever reason – then it is their responsibility to find a suitable arrangement with the customer.
(3) It is the service provider’s responsibility to comply with the legal requirements concerning the appointment offers and their own Internet appearance, especially their obligation to inform their clients.

§5 – Remuneration

(1) The remuneration of the use of APPOINTMAN depends on the current price list, which service providers can access any time under www.appointman.net.
(2) The monthly user fees will always be charged at the beginning of the following contract month. The invoice will be sent via email. A claim to a digitally signed invoice ($ 14 Abs. 3 UStG) does not exist.
(3) The payment will be carried out through SEPA direct debit, credit card payment, Paymill (www.paymill.com), PayPal, or on account. If necessary the service provider can share their bank details (bank name, IBAN and BIC) or their PayPal email-address with APPOINTMAN and grant a direct debit authorisation. (4) The service provider is obliged to inform APPOINTMAN regarding any changes of the details referred to in Article 3. of their own accord immediately. Any costs faced by APPOINTMAN which have arisen due to a breach of the service provider’s obligations according to Articles 4. and 5., have to be covered by the service provider.

§6 – Default of payment

In the event of a default of payment by the service provider for more than two months, APPOINTMAN has the right to deny its services and block the service provider from accessing APPOINTMAN until the default of payment has been redressed. For the service provider the obligation of payment remains regardless of the blocking. Additional rights of APPOINTMAN from law and contract remain unaffected.

§7 – Data protection, privacy

(1) APPOINTMAN saves and processes personal data of the service provider in a scope that is necessary due to the contractual relationship.
(2) Personal data of the service provider’s customers is saved and processed by APPOINTMAN in accordance to § 11 BDSG and its specifications in compliance with the principles of proper data processing principles and under compliance of the necessary data protection measures. (3) For processing personal data APPOINTMAN only employs staff members who are committed to compliance with data protection as per §5 BDSG and who have been schooled on the relevant regulations of the BDSG.
(4) Both contractual parties are obliged to treat information of the other contractual party as confidential unless this information has been made public already.

§8 – Copyright and rights of use

(1) The copyright of the information, texts, pictures and programs contained in APPOINTMAN is reserved for APPOINTMAN.
(2) Paragraph (1) applies for trademarks and other corresponding industrial property rights. (3) Service providers can only make use of the rights according to paragraph (1) and (2) within the scope of the contractual object. Any additional use, especially further distribution on websites or through other media, as well as the use by a third party, requires written consent from APPOINTMAN.

§9 – Amendments

(1) APPOINTMAN endeavours to match its services with current technical developments and current market developments. Thus APPOINTMAN reserves the right to make amendments concerning the agreed services, as long as these do not affect the core services and the interests of the contractual partner have been taken into account and deemed reasonable.

(2) The right to change prices is reserved. APPOINTMAN is obliged to announce the price change in good time, so that the service provider can terminate the contract within the agreed notice period, before the new prices come into effect. If the contractual partner does not exercise this right and continues to use APPOINTMAN’s services after the price has been changed, then the price change becomes contractually binding for both parties. The billing takes places on the basis of the changed price. (3) The announcement of any amendments to the terms and condition takes place on the website of APPOINTMAN. The contractual partners will be informed via post or email about amendments to the terms and conditions. The amendments are deemed accepted, if no objection is submitted in writing within two weeks of their announcement.

§10 – Liability for breaches of duty

(1) APPOINTMAN guarantees an annual average 99% of the provision of services specified in the contract according to § 3 terms and conditions with their associated performance specifications.
(2) APPOINTMAN shall not be liable for errors resulting from the violation of the service provider’s obligation to cooperate according to § 4 or stemming from a cause falling within the scope of responsibility of a third party (for instance a network operator).
(3) APPOINTMAN only bears liability for the service provider’s damages, if their employees, legal representatives or other vicarious agents, caused these damages through wilful intent or gross negligence. Furthermore APPOINTMAN bears liability only for foreseeable damages, which APPOINTMAN caused through a violation of essential contractual obligations. Liability shall be excluded for loss of profits, a service provider’s failure to realise savings, consequential damages, damages caused by the telecommunications infrastructure of a third party, as well as damages caused by irregular conduct of the service provider according to § 4.
(4) The aforementioned limitations of liability shall not apply for cases of mandatory product liability or in case of injury to life, body or health.
(5) APPOINTMAN is not liable for damage due to force majeure. This especially includes natural disasters, effects of war, tariff disputes and similar events that caused operational disruptions.
(6) APPOINTMAN is not liable for the correct appointment bookings by the service provider’s clients. Only the service provider and their clients are responsible for those, especially since APPOINTMAN cannot verify the identity of the latter.

§11 – Third party rights, exemption

(1) The service provider hereby exempts APPOINTMAN from all claims made against APPOINTMAN by a third party or clients due to a violation of rights through the Internet conduct of the service provider.

§12 – Contract period, termination

(1) Service provider accounts can be terminated with an email to info@appointman.net, allowing three business days to process and delete the account at the end of the month. The service provider needs to send the email from the email address they use for their APPOINTMAN account und advise in it that they wish to delete the account. (2) The right of both parties to immediate termination for good cause remains unaffected. A good cause of termination for APPOINTMAN exists when the service provider violated the conditions of §§ 4 and 5.

§13 – Assignment of rights, subcontractor

(1) One contractual party is not permitted to assign any one or all of the rights of the contract to a third party without a previous written consent of the other party. Consent cannot be denied without a valid reason. Paragraph (2) remains unaffected.
(2) APPOINTMAN is permitted to employ third parties as a subcontractor to ensure provision of services. It is up to APPOINTMAN to ensure an appropriate illustration of the contractual duties in the contracts with these third parties, especially the duties according to § 7.

§14 – Place of performance, choice of law, place of jurisdiction

(1) Place of performance is Oldenburg.
(2) Only the law of the Federal Republic Germany applies to the contractual relationship of these parties. Application of the agreement of the Vienna UN Convention on Contracts for the International Sale of Goods is excluded.
(3) Oldenburg will be agreed on as place of jurisdiction for all legal disputes, as long as the contractual partners are businessmen, legal entities according to public law or special funds under public law.

§15 – Written form

(1) Amendments, additions and the termination of conditions and of the contract as well as the strict requirement for a written form must be made in writing.
(2) All announcements, clarifications and terminations, which are mentioned in these conditions or find their foundation in them, must be made in writing. A fax or email is sufficient to the written form.

§16 – Severability clause

Should any one of these terms and conditions be or become ineffective or unenforceable, it would not affect the validity of these provisions thereby. The contractual parties are obliged to replace a consequential gap in the agreement by a provision that meets the economically intended purpose and effect of the original provision and of the agreement as closely as possible.