General terms and conditions of VOKADO UG (limited liability)
VOKADO UG ("provider") offers for service providers from the legal and business consulting sector - namely experts/appraisers, lawyers, notaries, tax consultants, auditors, interpreters, translators and detectives - ("customers") to be entered into the VOKADO directory. The following conditions apply to this offer. Deviating customers’ conditions are not accepted unless the provider expressly agrees to their validity in writing. The entry in the VOKADO directory is aimed exclusively at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB). By registering, the customer confirms that he is concluding this contract exercising his commercial or independent professional activity.
2. Contractual partner
The contract is concluded with:
VOKADO UG (limited liability)
Managing Director: Nanett Born
Finkenbrunn 61, D-90469 Nuremberg
Fax: +49 911 4623709
District Court of Nuremberg | VAT No.: DE308894564
3. Subject Matter of the Contract / Scope of Services / Fees / Duration
3.1. Subject of this contract is an entry in the VOKADO directory as well as various services. The scope of the contractual services and the costs depend on the selected package.
3.2. VOKADO offers various packages. The scope of the services offered as part of the various packages is determined by the description of these services at the time the contract is concluded. The service description for the various packages can be found at https://www.vokado.com/en/subscription-and-expert-choice. The service description at the time the contract is concluded is part of this contract.
3.3. Details on the fees for the respective packages are fixed in the "Register" area or can be found at https://www.vokado.com/en/subscription-and-expert-choice. The fees stated there at the time of the conclusion of the contract are applicable. The fees are binding and plus the applicable statutory value added tax or sales tax.
3.4. The fees are due monthly, on the 1st of each month, and are billed to the customer by means of an annual recurring invoice. The customer has to settle them using the payment options offered by the provider.
3.5. The free “Free Entry” package is only granted within the scope of technical, operational and financial possibilities of VOKADO. There is no right to the provision of specific free services.
3.6. The provider will endeavor to offer the service with as few interruptions to the retrieval as possible. Even with all due care, downtimes cannot be avoided during which the web server may not be accessed due to technical or other problems which are beyond the control of the provider (third-party fault, force majeure, attacks on the infrastructure by hackers, etc.). The customer acknowledges that it is technically impossible to achieve 100% availability of the website.
3.7. The provider merely offers an internet platform and technical applications to enable general contact with other unregistered customers ("users") or registered customers to the customer. The provider is not involved in the content of the communication. He is also not involved in any contracts which customers and users may conclude with each other. The customers are solely responsible for the execution and fulfillment of contracts concluded with each other. Liability on the part of the provider for breaches of contractual obligations resulting from such contracts is excluded.
3.8. The provider reserves the right to change and expand the content and structure of the platform as well as the associated customer interfaces, as long as this does not impair or impairs only to an insignificant extent the fulfillment of the purpose of the contract concluded with the customer. The provider will inform the customers accordingly about the changes.
4. No right of withdrawal
There is no right of withdrawal or return for this contract between entrepreneurs.
5. Conclusion of the contract (conclusion of contract)
5.1. Admission to the search service can be booked in writing, by fax or online.
5.2. Order process and corrections
The online booking requires 4 steps:
On the home page, the customer selects Register under "My Vokado". He then lands on the “Choose Services in detail”overview, where the customer selects an entry variant.
Then the customer gets to “Choose Expert Type”. There he chooses his sector.
After logging in successfully, the customer can edit and complete his entry under "My Vokado" - "Edit your Profile".
6. Contract term and termination
6.1. The contractual relationship is established for an unlimited period of time and can be terminated in writing by either contracting party at any time with one month's notice to the end of a calendar month.
6.2. The right to terminate for an important reason remains unaffected for the parties. An important reason is in particular a breach of the customer's obligations based on these terms and conditions.
6.3. The termination must be in writing or in text form (letter, fax, e-mail) and must be addressed to:
VOKADO UG (limited liability)
Finkenbrunn 61, D-90469 Nuremberg
Fax: +49 911-4623709
7. Storage of the contract text / contract language
The provider saves the customer's order and these terms and conditions. The customer can at any time call up the information he provided when booking in the member portal under " Edit your Profile" as well as these terms and conditions. The contract language is German.
8.Obligations of the customer
8.1. The customer assures that the information provided by him, in particular contact address / data, academic titles / degrees and professional titles / qualifications, are correct and complete and undertakes to inform the provider immediately of any changes to the data communicated.
8.2. When creating his content and selecting the menu items, in particular those the specialized advocacy / fields of law / languages, in the directory entry and when using the service, the customer must observe the professional rules and regulations applicable to him, as well the applicable laws and must observe all rights of third parties. In particular, the customer is prohibited from using offensive or untrue content; sending spam through the system to other customers; using legally protected content without authorization, in particular by copyright and trademark law; and engaging in anti-competitive acts.
8.3. With his internet presence to which the provider links, the customer may not violate prohibitions by law, or morality or the rights of third parties. Furthermore, the customer may only post logos and photos (graphics) in the directory if he has the appropriate usage and exploitation rights. Any claims due to copyright and license violations are on the account of the customer.
8.4. In the event of violation of these aforementioned obligations, the provider can also impose the following sanctions on the customer, irrespective of a termination of contract:
Deletion or modification of content that the customer has entered, issuing a warning or blocking the entry in the directory or blocking access to the website.
8.5. The provider is also entitled to block the customer's access to the vokado.com address directory if there is reasonable suspicion that he has violated these terms and conditions. The customer can avert these measures if he eliminates the suspicion by submitting suitable evidence at his own expense.
8.6. The customer has to integrate an imprint in his entry. This can be done under „edit youre Profile “..
8.7. In case third parties or other customers take the provider to account for possible legal violations, which
- a) result from the content posted by the customer and / or
- b) arise from the use of the provider's services by the customer, the customer is obliged to indemnify the provider from any claims, including claims for damages, and to reimburse the provider for the costs incurred due to the possible infringement. In particular, the provider is released from the costs of necessary legal defense. The provider is entitled to demand an appropriate advance payment from the customer. The customer is obliged to support the provider in good faith with information and documents in legal defense against third parties. All further rights and claims for damages from the provider are not affected. If the customer is not responsible for the possible legal violation, the aforementioned obligations do not exist.
9.Granting a right to use content
With the publication / posting of content by the customer on the provider's website, he grants the provider an irrevocable, transferable and non-exclusive right of use, which can be used for any type of exploitation, in particular for permanent storage on his websites and on his websites Cooperation partner, entitled. These rights remain in effect even if the contract is terminated.
10. Access / Confidentiality
The customer undertakes to store the transmitted access data carefully and protected from access by third parties. With the access data, the customer can log into the member portal and, if necessary, make changes to his profile. He is not entitled to make his access available to third parties or to have it used by third parties. The provider reserves the right to change a customer's login and password; in such a case, the provider will inform the customer about this immediately.
11. Limitation of Liability
11.1. The statutory warranty regulations of a service contract apply.
11.2. The provider assumes no responsibility for third-party content, data and / or information provided by customers on the website, or for content on linked external websites. In particular, the provider expressly does not guarantee that this content is complete, correct and up-to-date or that it fulfills a specific purpose or can serve such a purpose. If the customer notices illegal use of the website, he can report this using the contact form that can be accessed from any page on the website.
11.3. If the customer loses his data, the liability of the provider is limited to the foreseeable damage. The foreseeable damage is the typical effort required to restore the destroyed data when the customer fulfills the following obligation. The customer has to save his data at regular intervals in machine-readable form so that they can be reconstructed with reasonable effort.
11.4. The provider is only liable for damage caused by him, his legal representatives or one of his vicarious agents with gross negligence or intent, unless the provider violates an essential contractual obligation. The above limitation of liability applies to contractual as well as non-contractual claims. Liability under the Product Liability Act and liability in the event of slightly negligent injury to life, body and / or health remain unaffected.
11.5. Except in the case of intent and / or gross negligence or the breach of an essential contractual obligation, the amount of liability is limited to the damage typically foreseeable when the contract was concluded. Slightly negligent injury to life, body and / or health also remains unaffected. The amount of liability for other cases of slightly negligent behavior is limited to EUR 360.00 in individual cases. In any case, the total liability per customer and case of damage is limited to 3,000 Euros.
11.6. All claims for damages become statute-barred within two years from knowledge of the event causing the damage. This does not apply to intentional behavior by legal representatives, employees or vicarious agents of the provider.
12.2. By sending the personal information entered by the customer on the online form, he declares his consent to the database processing of the data for the purpose of brokering offers or processing the ordering system.
13. Changes to the Terms and Conditions
The provider reserves the right to change his terms and conditions. Changes will be sent to the customer by e-mail to the e-mail address or post provided by him during registration and will be communicated at least one month before they come into effect. If the customer does not object to the changes in writing within one month of delivery or if he continues to use the provider's services despite the reference to the changes, these are considered accepted. The provider will explicitly point out to the customer the right to object and the consequences of failing to object with every change to the terms and conditions. If the changes are made to the detriment of the customer, he can terminate the contractual relationship without notice after receiving the notification of change. If the customer expressly objects to an onerous clause (e.g. increase in remuneration) in the changed conditions, the provider is entitled to terminate the contractual relationship without notice.
14. Transfer of contract by third parties
After announcement, the provider is entitled to transfer his rights and obligations from the contractual relationships described here - including this right to transfer - in whole or in part to third parties. The acceptance of the contract by third parties will be sent to the customer by email to the email address given by him during registration or by post and will be communicated at least one month before it becomes effective. If the customer does not object to the changes in writing within one month of delivery or if he continues to use the services despite the reference to the transfer of the contract by a third party, these are deemed to have been accepted. If the contract is taken over by a third party, the provider will explicitly point out to the customer the right to object and the consequences of failing to object. The customer can terminate the contractual relationship without notice after receiving the announcement of the transfer of the contract by a third party. If the customer objects to the transfer of the contract by a third party, the provider is authorized to terminate the contractual relationship without notice.
15. Applicable law / final provision
The law of the Federal Republic of Germany applies while excluding the uniform UN sales law and international private law. If a provision of these terms and conditions is ineffective, the remaining provisions remain unaffected.