Terms of services of companies

1. General

(1) These General Terms and Conditions are the binding rules between Martin Zenner - Digitale-Neukunden, Krönerstraße 44, 04318 Leipzig, Telephone: +49 (0), E-Mail: - hereinafter “DN” or “we/us” mentioned – and apply to you when you use our website beraterstar.de. These terms and conditions apply to all interested parties and entrepreneurs or potential service providers.
(2) beraterstar.de is a platform for customers and companies to bring them into contact and promote the generation of new customers... It enables interested users to register via beraterstar.de and arrange consultations. Companies also have the opportunity to operate their own company pages (company profile) using the beraterstar.de platform and use it to generate new customers, offer consultations, arrange appointments and create and advertise events. The subject of the user agreement with DN is the use of the platform to establish contact between potential customers (primarily consumers within the meaning of Section 13 BGB) and companies (exclusively entrepreneurs within the meaning of Section 14 BGB). Use of the platform requires an internet-capable device with current and functioning browser software.
(3) These General Terms and Conditions apply to all users, regardless of whether they are entrepreneurs or consumers when using the platform. Our general terms and conditions apply exclusively. Differing, conflicting or supplementary general terms and conditions of the company will only become part of the contract if and to the extent that we have expressly agreed to their validity. This consent requirement applies in all cases.
(4) DN reserves the right to refuse to conclude the contract if there are important reasons. This may be the case for DN in particular if a conflict of interests exists or may arise or if there are other legal or legal reasons to the contrary.

2. Registration and Process

(1) To use beraterstar.de, registration with a current email address and the desired personal password is required. Upon registration, DN will send you a clickable link for activation by email to the email address you provided. You can use the platform after clicking on the link. Use is free of charge for users. Companies can choose between the paid membership packages offered on our site.
(2) Each user can only create one user account. The transfer to third parties is not permitted. Users undertake to take the necessary measures to ensure the confidentiality of their account details and password and to keep their password secret. If the account is misused or suspected, and if the password is misused or lost, this must be reported to DN immediately. In such cases, DN is entitled to block the account completely or temporarily.
(3) After the platform has been activated for use, customers can create a non-public customer profile and companies can create a public company profile. All users are obliged to provide complete and truthful information. If users culpably provide misleading or untrue information, they are obliged to pay compensation to the extent that DN has suffered damage as a result of this untrue information. Users are further obliged to indemnify DN from third-party claims. Further claims, in particular claims for damages from third parties or claims for damages from potential contractual partners, remain unaffected.
(4) DN checks the respective company profile before it is activated. DN reserves the right to check individual information, for example by requesting evidence from users. DN is entitled to refuse to publish user profiles if the respective profile does not correspond to DN's specialization or the reliability of the information has not been sufficiently proven. This also applies if the content to be published violates legal requirements, official bans, third-party rights, common decency or DN's general terms and conditions. DN does not guarantee the information provided by customers or companies.
(5) After the profile has been activated by DN, companies have the opportunity to plan and advertise events and provide customers with access to them. Customers now have access to the company profile and can take part in events or arrange other services such as consultations. Customers and companies then have the opportunity to subsequently conclude contracts. DN is not connected to the events, consultations or concluded contracts offered and is not liable for them or for the content and implementation of the offers from companies.

3. Customer profile

(1) If you register as a customer on the beraterstar.de platform in order to use the services offered, parts of your details and information from your customer profile will be visible to companies and other users on the platform.
(2) Your profile is only visible to registered users and users.
(3) DN is entitled to forward personal data in customer profiles to companies or other customers if the user has given his consent to this. The personal data will only be passed on for the purpose stated in the consent.

4. Paid membership for companies

(1) In order to be able to offer services and events on the beraterstar.de platform, companies must conclude a membership contract to use the platform. The company can choose between the options offered on the website.
(2) The presentation and promotion of options on our website do not constitute a binding offer to conclude a contract.
(3) A contract is only concluded when DN accepts the company's order through a declaration of acceptance or when the service is provided.
(4) After completing the membership, the company can publish its company profile and create events on the platform for the agreed period and get in touch with potential customers.
(5) The company is free to design the company profile, offers, events and their handling. However, the company is responsible for compliance with legal provisions and indemnifies DN from all damages or claims from third parties due to violations.

5. Prices and Payments

(1) The membership prices for companies stated on the website are net prices and do not include VAT.
(2) The agreed subscription price must be paid immediately after registration.
(3) Unless expressly agreed otherwise, payment will only be made using the payment methods shown on the website. The use will only be activated after payment has been made.
(4) Companies are not entitled to offset claims from DN unless the counterclaims have been legally established or are undisputed.

6. Term and Termination

(1) Unless expressly agreed otherwise or stated on beraterstar.de, membership for companies is concluded for a period of at least 12 months.
(2) Both sides are entitled to terminate the subscription with one month's notice to the end of the term. If termination is not made or is not terminated in a timely manner, membership is extended by a further 3 months and can be terminated with the aforementioned notice period.
(3) Any termination must preferably be made via the personal login area using the “Cancel account” button. Termination is also possible via email or in writing.
The right to extraordinary termination for good cause remains unaffected.

7. Mediation activity

DN does not provide management consulting or its own services. The service on beraterstar.de is purely about arranging contacts between companies and customers and making the platform available. DN cannot guarantee that companies and their events/services are actually available to customers. Users have no right to a successful placement and no right to be provided with a certain number of contracts.

8. License for User Content

(1) If you provide content, you authorize us to store it, host it and, if agreed, make it accessible to third parties, in particular companies. We use user content in accordance with the agreement between users and DN. By providing your Content to DN, you grant DN a non-exclusive, territorially unlimited license to use such Content for the purposes of providing the Services under the Agreement with DN for the term of the Agreement. This also includes the right to store, reproduce, format, (technically) edit, transmit, make accessible and analyze and evaluate the content yourself or through third parties. DN is also entitled to store the data in a failure system or separate failure data center. In order to eliminate disruptions, DN is also entitled to make changes to the structure of the data or the data format. DN will only publish the content uploaded by users to the software and make it accessible to third parties to the extent that this is necessary for the purpose of the contract.
(2) Users warrant that they have all rights to the content they have uploaded to the beraterstar.de platform or have a license for the content in order to grantberaterstar the rights in accordance with Section 6.1. to concede.

9. Duties of Consultant Star

(1) The services offered by DN are subject to continuous development, which change from time to time to a reasonable extent. DN reserves the right to temporarily or permanently discontinue the provision of the Services (or functions within the Services) to individual or all users. DN will notify you of any changes or restrictions to the Services in reasonable advance.
(2) DN is not liable for loss of data due to any technical malfunction or discontinuation of services.
(3) The availability of the platform is 98% on an annual average. Exceptions are times when the servers are unavailable due to routine and previously announced maintenance work or disruptions beyond DN's control.
(4) DN endeavors to keep the software up to date, but there is no legal claim to this. DN may limit or expand the functionality of the platform at any time.

10. Obligations of Users

Users are prohibited from using the platform's software and our services for purposes other than their own personal or professional/commercial purposes, in particular not for any other commercial purposes, without express permission from us. ● Viruses, Trojans, worms or other malicious
code to smuggle the platform or attempt to do so,
● hack, manipulate or attempt to do so, the software of the platform,
● use scripts and other automated or partially automated methods to use the platform,
● circumvent security functions of the platform or attempt to do so.
● Rent or otherwise commercially use the user account, sublicense it or otherwise make it available to third parties, unless this has been expressly permitted by DN.

11. Termination and Cancellation for Customers

(1) The parties are entitled to terminate the free user agreement at any time in text form without giving reasons.
(2) If the contract is terminated by the user or by DN, the personal user data (including name, email, telephone number, messages, uploaded files) will be archived by DN.
The user account will be permanently deleted no later than six (6) months after termination of the contract. This does not apply if DN needs the data in question to enforce claims against users or if there are legal retention obligations.
(3) When the termination takes effect, the contractual relationship ends and the user can no longer use his access. DN reserves the right to block the user name and password when the termination takes effect.

12. Opinion research to improve the offer

(1) In order to continually improve our services, we occasionally conduct surveys; for example, to receive direct feedback on the quality of service after successful or unsuccessful placement/application and to further develop the platform.
(2) Users receive an invitation from us to each of these surveys. Participation in the surveys is voluntary.

13. Liability

(1) DN assumes no responsibility for data material, advertising texts or related storage media delivered and is in particular not obliged to retain or return them. Deletion after the end of the contract takes place in accordance with the legal requirements.
(2) DN is liable for material or legal defects in accordance with the existing applicable legal regulations.
(3) DN is liable to users in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.
(4) In other cases, DN is liable, unless otherwise stipulated - only in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance you can regularly rely (so-called cardinal obligation), and this is limited to the replacement of the foreseeable and typical damage. In all other cases, our liability is excluded, unless otherwise stated.
(5) Liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above liability limitations and exclusions.
(6) The limitations of liability apply accordingly to the benefit of DN’s employees, agents and vicarious agents.

14. Confidentiality

Users, in particular companies, undertake to maintain confidentiality from third parties about all business information received as part of the brokerage activity, including customer data, during the term of the contract and after termination of this contract.

15. Data Protection

We may process and store the user data that users upload to your user profile and pass it on to third parties to the extent that this is necessary to carry out the mediation and as long as we are obliged to retain this data due to legal regulations. Further information about data protection at DN can be found in our data protection declaration.

16. Changes to the Terms and Conditions

DN reserves the right to change these General Terms and Conditions at any time and without giving reasons. The changed general terms and conditions will be communicated to you in text form at least two weeks before they come into force. The changed general terms and conditions are deemed to have been accepted if you do not object to them within two weeks of receiving the notification. When communicating the changed general terms and conditions, DN will point out the deadline and the consequences of not raising an objection.

17. Copyrights

We have copyright to all images, films and texts published on our website. Any use of the images, films and texts is not permitted without our express consent.

18. Classification of Disputes, Applicable Law and Place of Jurisdiction

(1) We do not take part in any dispute resolution proceedings before a consumer arbitration board within the meaning of the Consumer Dispute Settlement Act.
(2) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of the mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.
(3) If you are a merchant, the exclusive place of jurisdiction is the seller's registered office. Otherwise, the applicable legal provisions apply to local and international jurisdiction.