General Terms and Conditions (GTC)

§ 1 Scope and General

1) The provider of the online platform www.educateonline.de is Bilduin GmbH, Wilhelmstraße 92, 13593 Berlin (hereinafter referred to as "EducateOnline"). These GTC apply to the use of the online platform (hereinafter referred to as "platform"), to the initiation and conclusion of contracts for all legal transactions between EducateOnline and the customer who makes use of EducateOnline's offers (hereinafter referred to as "customer").

2) EducateOnline offers customers internet-based software solutions via the platform that enable the customer to organise and conduct online events such as (e.g. video conferences, video consultations, webinars, courses) and to create an individual "customer portal" on which their own products and services can be offered, sold and marketed. The platform provides the technical infrastructure for designing, managing and monetising these offers.

3) The "customer portal" is the website customised by the customer, which is created and managed via the EducateOnline online platform. The customer portal serves as an interface between the customer and the end customer, on which the customer can offer their services for a fee or free of charge.

4) "End customer" is any natural or legal person who purchases products or services via the customer portal of the customer. The end customer enters into a direct contractual relationship with the customer, not with EducateOnline.

5) General terms and conditions of the customer that conflict with or deviate from these GTC shall only become part of the contract if this has been expressly confirmed in writing by EducateOnline. Tacit consent is excluded.

§ 2 Services provided by EducateOnline

1) EducateOnline, as a Software-as-a-Service (SaaS) provider, enables the customer to create, offer and monetise digital products and services via the platform, such as webinars, courses, video conferences and eBooks. The detailed description of the services available on the platform and the associated costs are listed in the respective service descriptions. EducateOnline reserves the right to make changes to the services or prices offered, but will inform the customer in good time.

2) EducateOnline strives for a high availability of the platform, but does not guarantee a certain availability or functionality. In particular, EducateOnline does not warrant the creation, availability or download of recordings created or uploaded by the customer.

3) EducateOnline grants the customer a simple, non-transferable right to use the platform during the term of the contract, subject to full payment of the agreed remuneration. Any transfer of use to third parties is prohibited without the express consent of EducateOnline.

4) EducateOnline reserves the right to further develop or adapt the platform technically.

5) Maintenance work is carried out during the specified maintenance times from Monday to Friday between 00:00 and 05:00 and at weekends (Saturday and Sunday) between 22:00 and 06:00. In the event of urgent emergency maintenance work, this may also be carried out outside these times. The customer cannot derive any claims from this maintenance work.

§ 3 Conclusion of contract

1) The use of the platform as a customer requires successful registration. Only natural or legal persons of legal age and legal capacity may register.

2) EducateOnline and the customer enter into a contractual relationship upon confirmation of the purchase/hire purchase of chargeable services/products. A right of cancellation exists only in accordance with these GTC.

3) EducateOnline requires the customer to provide complete and correct information and to update this information in its customer account immediately in the event of changes. EducateOnline reserves the right to delete customer accounts that contain incorrect information at any time and without giving reasons.

4) Customer accounts are not transferable and may not be made available to third parties either for a fee or free of charge.

§ 4 Obligations of the customer

1) The customer is solely responsible for the content published on the customer portal. The customer guarantees that its content does not infringe the rights of third parties and does not contain any illegal content.

2) The customer is obliged to provide the necessary legal information (e.g. imprint, general terms and conditions, data protection guidelines) on his customer portal and to ensure that the content complies with the legal requirements.

3) EducateOnline assumes no liability for the legality of the content published by the customer and does not review it.

§ 5 Technical requirements

1) EducateOnline shall provide the customer with access to the platform after conclusion of the contract. The customer is responsible for creating and maintaining the technical requirements for using the platform.

2) EducateOnline reserves the right to further develop the platform technically. The customer is responsible for any adjustments required to use the platform.

3) The customer is obliged to take appropriate security precautions, in particular to carry out regular data backups.

§ 6 Third-party software

The use of EducateOnline's services may require the use of third-party software (e.g. web browsers). The customer is responsible for the download, installation and use of such software. EducateOnline assumes no liability for damages or problems resulting from the use of such third-party software.

§ 7 Costs, billing, deposits and withdrawals

1) Payment for services/products shall be made in accordance with the payment methods specified by EducateOnline.

2) EducateOnline is not involved in the contractual relationship between the customer and the end customer and does not assume any warranty for the fulfilment of contracts between the customer and the end customer. All obligations arising from the contractual relationship with the end customer, including the delivery of products or the provision of services, lie exclusively with the customer.

3) EducateOnline enables end customers to make payments via payment service providers such as PayPal. Here EducateOnline acts as an intermediary. The moment the customer offers its end customers the payment option via PayPal, the customer also accepts PayPal's terms of use and data protection regulations.

4) If the end customer makes the payment via PayPal, EducateOnline as an intermediary will transfer the payment received less a transaction fee to the customer after the service has been provided. The end customer will only receive access to the purchased content once the payment has been successfully completed. If the customer is unable to provide the purchased service, but payments have already been made via PayPal, EducateOnline will refund the amounts paid via PayPal to the end customer and reserves the right to charge the customer for this service. After the paid service has been provided, EducateOnline will issue a credit invoice for the customer and transfer the amount earned less the transaction fee.

5) EducateOnline is entitled to temporarily block access to the platform and to charge a reminder fee if the customer defaults on payment. In the event of continued default of payment, EducateOnline reserves the right to terminate the contract without notice.

§ 8 Sanctions, blocking and cancellation

1) Depending on the selected tariff, the initial term is three months, six months or 12 months. The agreement shall be automatically extended by the period of the initial term unless the customer or EducateOnline cancels the agreement by written notice to the other party. If the term of the agreement is three months, it can be cancelled with a notice period of seven days before the end of the term. If the term is six or 12 months, the agreement must be cancelled in writing at least one month before the end of the current term.

2) Cancellation of the agreement shall in no way release the customer from the obligation to pay the remuneration due to EducateOnline at the time the cancellation takes effect.

3) It is the sole responsibility of the customer to download and securely store a copy of all relevant content within 30 days of the effective date of cancellation of the agreement. After expiry of this period, EducateOnline is authorised to delete all content without the customer being able to derive any claims from this.

4) EducateOnline may take appropriate measures, including warnings, restrictions on use, temporary or permanent blocking and deletion of content, in the event of violations of legal regulations, third-party rights or these GTC.

5) Blocked customers may not use the platform again or re-register.

§ 9 Exclusion of liability and copyrights

1) EducateOnline and its vicarious agents shall not be liable, except in cases of intentional or grossly negligent behaviour.

2) EducateOnline assumes no liability for uninterrupted availability of the platform and for damages resulting from the use of the platform. EducateOnline is not liable for damages resulting from data loss or security incidents, unless these are due to intentional or grossly negligent behaviour on the part of EducateOnline.

3) The download of programmes and documents is at the customer's own risk. EducateOnline is not liable for damages resulting from the transmission, storage or use of digital content.

4) The customer grants EducateOnline a simple, non-exclusive right of use for the content published on the platform, insofar as this is necessary for the provision of the contractually agreed services. The customer shall ensure that it owns the necessary rights to the published content.

§ 10 Data protection

1) EducateOnline and the customer undertake to comply with the applicable data protection laws.

2) EducateOnline shall be responsible for compliance with data protection regulations on its customer portal and shall indemnify EducateOnline against all third-party claims in the event of data protection violations.

3) EducateOnline does not sell any personal data to third parties and uses it exclusively for the provision of the contractually agreed services and for compliance with legal obligations.

4) EducateOnline reserves the right to amend this privacy policy. Changes will be communicated to the customer in text form at least 30 days before coming into force.

§ 11 Changes to the GTCs

1) EducateOnline reserves the right to amend or adapt these GTC at any time with effect for the future. Changes will be communicated to the customer in text form at least 30 days before they come into effect.

2) If the customer does not object to the changes within 14 days of receipt of the notification of change, the changes shall be deemed accepted.

3) EducateOnline is entitled to terminate the contract extraordinarily at the time of the change if the customer objects to the changes.

§ 12 Place of jurisdiction and applicable law

1) German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

2) Place of jurisdiction is, as far as legally permissible, the registered office of EducateOnline.

Right of cancellation for consumers

1) Customers who are consumers have the right to cancel this contract within fourteen (14) days without giving any reason.

2) In the case of a service contract or a contract for the supply of digital and individually purchased or recurring content that is not supplied on a tangible medium, the cancellation period shall be fourteen days from the date of conclusion of the contract.

3) In order to exercise the right of cancellation, the consumer must inform Bilduin GmbH, Wilhelmstr. 92, 13593 Berlin, Germany, e-mail: info@educateonline.de, by means of a clear statement (e.g. a letter sent by post, e-mail) of his decision to cancel this contract. The consumer may use the model cancellation form below, but this is not obligatory.

4) Legal consequences of cancellation

  1. If the consumer withdraws from this contract, EducateOnline shall reimburse all payments received from the consumer, including the costs of delivery (with the exception of the supplementary costs resulting from the consumer's choice of a type of delivery other than the least expensive type of standard delivery offered by EducateOnline), without undue delay and in any event not later than 14 days from the day on which EducateOnline is informed about the cancellation of this contract. For this repayment, EducateOnline shall use the same means of payment that the consumer used for the original transaction, unless expressly agreed otherwise with the consumer; in no case shall the consumer be charged any fees for this repayment.
  2. In the case of a service contract, the following applies: If the consumer has requested that the services should commence during the cancellation period, the consumer shall pay EducateOnline a reasonable amount corresponding to the proportion of the services already provided by the time the consumer notifies EducateOnline of the exercise of the right of cancellation in respect of this contract compared to the total amount of services provided for in the contract.
  3. Pursuant to § 356 para. 5 BGB, the right of cancellation for a contract for the delivery of digital content not on a physical data carrier expires if EducateOnline has begun with the execution of the contract after the consumer has expressly agreed that EducateOnline shall begin with the execution of the contract before the expiry of the cancellation period and has confirmed his knowledge that he loses his right of cancellation by his consent with the beginning of the execution of the contract.
  4. The consumer expressly agrees that EducateOnline shall commence performance of this contract before the expiry of the cancellation period and is aware that the consumer loses his right of cancellation upon commencement of performance of this contract.
  5. In accordance with § 312g para. 2 BGB, the right of cancellation does not apply to the following contracts:
    1. Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (Section 312g para. 2 no. 1 BGB), and
    2. contracts for the supply of audio and video recordings or computer software in a sealed package if the seal has been removed after delivery (Section 312g (2) No. 6 BGB).

End of the cancellation policy


To BilDuIn GmbH, Wilhelmstr. 92, 13593 Berlin, Germany, e-mail: info@educateonline.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*) / received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only in case of paper communication)

Date

(*) Please delete where inapplicable.

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