Terms and Conditions
1. GENERAL
These general terms and conditions apply to all contracts between abnorm media and the customer for the use of the reservy online software . abnorm media will not recognize the general terms and conditions of the client that deviate from the above mentioned, unless there is explicit consent.
The offer is exclusively addressed to companies.
abnorm media does not enter into contracts with consumers or individuals. All prices are net, with value added tax, without prejudice to the provisions that apply. The right of withdrawal is not granted.
2. SERVICES AND CELEBRATION OF THE CONTRACT
abnorm media will offer the customer the reservy software for use over the Internet for a fee. Within the framework of this software, the client accesses the software through a username and password to manage the reservations generated by their clients through their own portal. The contents of reservy are continuously developed with new features. The scope and type of further development are based on what is legally necessary and are at the discretion of abnorm media. There is no right to certain functions.
In order to use the reservy services , the customer must first create a customer account with a charge (objective of the contract). As part of the registration, the client must respond truthfully to the information requested and select the appropriate rate for him.
Once successfully registered, the customer will be able to use the software within the framework of the rate they have selected.
abnorm media has the right to publicly show the cooperation for self-promotion purposes in an appropiate manner using the client's logo and to publicize the business relationship with the client.
3. PRICES
The use of reservy is compensated with a fixed monthly or annual fee. For the provision of additional services (expansion services) - in particular the increase of locations or premises to use reservy - will be charged based on the chosen rate with a discount of 20% on the total of said rate for each additional location or premise. In the case of increasing the available monthly reservations, it will be charged according to the price indicated in the offer. Otherwise, prices and payment terms must be taken from the offer and are based on the chosen rate.
4.PAYMENT CONDITIONS
The following payment conditions will apply to contracts between abnorm media and the customer:
The rates for ongoing obligations with periodic payments are required to be paid monthly or annually in advance before the first working day of the starting month / year, depending on the package selected, and for new clients on the day of the contract. Fees due and paid for months not fully used or started (for example, due to cancellation) will not be refunded; legally binding refund claims - especially due to binding liability, repeat liability, termination or warranty for defects - remain unaffected. The fees for additional services will be due at the time of activating said services.
Payment will be made by credit card (VISA, Mastercard) or by SEPA direct debit. In the case of credit card payments, the credit card deposited by the customer will be charged at the agreed rate immediately after the expiration date defined in the previous paragraph. If the SEPA direct debit payment method is selected, the invoice amount will be payable once the SEPA direct debit mandate has been issued on the expiration dates described in the previous paragraph, but not before the payment notice deadline. Prior notification is any communication (eg invoice, receipt, contract) from abnorm media to the customer announcing a SEPA Direct Debit debit; prior notification will be sent to the customer no later than one business day prior to the debit date.SEPA direct debits are only possible for accounts in the European Union.
If a payment method fails, the customer's account will be blocked unless the customer asserts justified objections or liens against the claim(s). The blockade will be lifted as soon as the due fee has been paid or a postponement has been agreed. The blocking does not affect the term of the contract and does not exempt the client from his payment obligation.
Double payments or other overpaid amounts will be credited to the customer's invoice account and offset against the next overdue invoice. If this settlement does not occur (for example, in the event of termination) or the next settlement occurs within more than 6 weeks (for example, in the case of annual payments), the customer can demand a refund within a period of 6 weeks.
Refunds are generally made through the same payment method as the payments in question (eg credit to credit card, PayPal or bank account). If the original payment method is no longer available (for example, because the bank account has been closed), it is the customer's responsibility to notify it in time.
The additional costs (for example, chargeback fees) of a failed payment will be borne by the customer, unless the customer is not responsible for them; the client is free to show that no or minor loss has occurred.
Invoices and other communications within the meaning of this clause will be sent to the customer by email. The invoices will be presented in PDF format.
abnorm media has the right to assign to third parties the credits owed to the client derived from this contractual relationship.
All payments are made through a secure SSL or TLS connection.
5. TERM AND TERMINATION
Without prejudice to other provisions, the duration of the contract is based on the payment frequency selected by the customer. Therefore, the term of contracts with annual payment is one year (annual package); The term of contracts with monthly payment is one month (monthly package). Annual packages can be terminated with a one-month notice period until the end of the term. Monthly packages can be canceled until the last day of the corresponding month. With the termination of the contract for the use of the software, the activity abnorm media as responsible for the customer's online booking software ends automatically.
Cancellations can be made in writing or in text form (for example, by email, contact form or fax). If the contract is not terminated in due time, it is automatically extended for the period initially reserved. The term begins with the activation of the reservy customer account .
The right to extraordinary termination without prior notice for just cause is not affected. For abnorm media, it will be considered that there is good cause that justifies the extraordinary termination of this Contract of Terms and Conditions, in particular, if the client has not carried out an act of cooperation necessary for the execution of this Contract of Terms and Conditions in a reasonable time determined by abnorm media, you reserve a package not allowed for your company or use the software for several companies without having reserved the corresponding rate. There is also a reason for extraordinary termination without prior notice if the client is late at least 7 working days in the payment of an overdue installment or part of it.
6. LIABILITY
abnorm media is liable for any legal reason without limitation in the event of intent or gross negligence, intentional or negligent injury to life, limb or health, on the basis of a guarantee promise, unless otherwise regulated in this regard, or on the basis of mandatory liability.
If abnorm media negligently breaches an essential contractual obligation, liability will be limited to foreseeable damages typical of the contract, up to a maximum of 50,000 euros, unless liability is unlimited under the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the service provider according to its content to achieve the objective of the contract, the fulfillment of which makes the correct execution of the contract possible in the first place and whose fulfillment the client can regularly entrust.
In all other respects, any liability on the part of abnorm media is excluded.
The above liability provisions will also apply to abnorm media's liability with respect to its executive assistants and legal representatives.
The client will indemnify abnorm media for any third party claim - including legal defense costs in their legal amount - that is asserted against abnorm media based on the client's actions that are contrary to the law or the contract.
7. FINAL PROVISIONS
The contracts between abnorm media and the customer will be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods.
If the customer is a merchant or does not have a general place of jurisdiction in Germany, the parties agree that Munich will be the place of jurisdiction for all disputes arising from this contractual relationship. The places of exclusive jurisdiction are not affected.
abnorm media is entitled to modify these Terms and Conditions for objectively justified reasons (for example, changes in jurisprudence, legal situation, market conditions or corporate strategy) and with a reasonable notice period. Existing customers will be notified of these changes by email no later than two weeks before the change takes effect. If the existing customer does not object within the time period established in the change notice, they will be deemed to have consented to the change. The notification of the planned modification of these Terms and Conditions will refer to the term and the consequences of the objection or its absence.
