General Terms and Conditions

§ 1 Validity

ClubShare GmbH – hereinafter referred to as the provider – provides all deliveries and services exclusively on the basis of these terms and conditions. This shall also apply if the customer uses conflicting or deviating General Terms and Conditions.

§ 2 Services of the Provider

1. The scope of our offers can be found in the respective offer / package description.
2. The provider guarantees 99.0% availability of its Internet infrastructure on an annual average. This does not apply to downtimes for which the provider is not responsible.
3. The provider may restrict access to the services if the security of the network operation, the maintenance of the general server operation and the network integrity, in particular the avoidance of serious disruptions to the network, the software or stored data require this.
4. The customer is not entitled to gain access to additional services available free of charge provided by the provider. The provider is entitled to discontinue free services at any time.

§ 3 Conclusion of contract

1. You can choose between various service packages and offers. After selecting and entering the necessary data, you can send the order. You will receive an e-mail confirming receipt of your order. This does not conclude a binding order confirmation. The provider is entitled to accept the customer’s request to conclude the contract within a period of 14 days after receipt of the order by the customer. The contract is concluded by explicit acceptance of the customer order by the provider or with the first act of fulfillment by the provider.

§ 4 Registration and access data

1. The user is obliged to provide full and complete details when registering and to keep them up to date. If incomplete or incorrect information is provided or not updated in a timely manner, the provider is entitled to temporarily block or exclude the user at its discretion.
2. The customer is obliged to keep all passwords strictly confidential and to inform the provider immediately as soon as he becomes aware that the password is known to unauthorized third parties.

§ 5 Prices and payments

1. Prices and billing periods can be found in the respective service and offer descriptions. Payment can be made either by bank transfer or direct debit. If a direct debit is not honored, the customer must reimburse the provider for the resulting expenses/damages. Further claims of the provider against the customer remain unaffected by all this.
2. Late payment and consequences: If an invoice is not paid on time, a first and then a second reminder will be sent. If the payment due is not made within seven days of receipt of the second reminder, we reserve the right to temporarily block the user’s access to the product. This means that the customer can no longer log in at app.clubshare.io. Any further non-payment after the third reminder and the renewed period of seven days will result in the provider discontinuing the services provided completely. This means that both access to the website and use of the app will not be possible until the outstanding payments have been settled in full. We emphasize the importance of timely payment to ensure uninterrupted access to the provider’s products and services.

§ 6 Performance exceedance

1. The service description of our offers contains a description of the scope of services. You have the possibility to increase the scope of services by booking optional services. If services are exceeded, these shall be invoiced in accordance with the conditions specified in the service description.

§ 7 Contract duration and termination

1. The contract duration of the services offered by the provider can be found in the respective service description. If a minimum term has been agreed with the customer, the contract shall be extended again by the agreed minimum term after expiry of the minimum term, unless the contract is terminated 30 days before expiry of the minimum term. If the contract is concluded for an indefinite period, the contract can be terminated at the end of a calendar year with a notice period of 30 days. If additional options are booked or canceled, this does not affect the contract term of the other booked services. The right to extraordinary termination remains unaffected by all of the above.
2. Notice of termination must be given in writing either by mail to ClubShare GmbH, Kampstraße 46, 46395 Bocholt or by e-mail to support@clubshare.io.

§ 8 Cancellation policy

1. Right of revocation: You can revoke your contractual declaration in text form (e.g. by letter, e-mail) within 2 weeks without giving reasons. The period begins after receipt of this instruction in text form, but not before conclusion of the contract and also not before fulfillment of our obligations under § 312c, II BGB in conjunction with § 1, I, II and IV BGB-InfoV and our obligations pursuant to § 312e, I, 1 BGB in conjunction with § 3 BGB-InfoV. Timely dispatch of the revocation is sufficient to comply with the revocation period. The revocation is to be addressed to: ClubShare GmbH,
   Kampstr. 46, 46395 Bocholt;
   E-mail: info@dinoshare.de
   Consequences of withdrawal: In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return the goods received in whole or in part or only in a deteriorated condition, you may have to compensate the provider for the value. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation, for the provider with its receipt. Managing Director: Stefan Schniedertöns, HRB 18400, AG Coesfeld
   Note: Your right of withdrawal expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of withdrawal. End of the withdrawal policy.

§ 9 Registration of domains

1. If the customer mandates the provider to register a domain, the contract is concluded exclusively between the customer and the respective registry (registrar). The provider acts on behalf of the customer within the framework of an agency relationship.
2. The provider has no influence on the domain allocation by the registrar. The provider also does not check whether the registration violates the rights of third parties.
3. The provider is entitled to release the customer’s domain after termination of the contract.

§ 10 Unauthorized use

1. The customer may not use the services / resources / domains provided by the provider for illegal or punishable acts or content. This includes in particular the following activities, content or links to such content:
   – Trademark, competition and copyright infringements
   – Spam, unsolicited sending of advertising
   – Violations of the right to one’s own image
   – Violation of youth protection regulations
   – content glorifying violence
   – pornographic / erotic content or offers
   – Incitement to violence against persons, institutions or companies
   – Information or links to illegal downloads, cracks and other illegal content or activities
   – insulting, degrading or business-damaging statements about persons, companies, authorities or institutions in any form – unauthorized intrusion into third-party computer systems (hacking) – obstruction of third-party computer systems by sending / forwarding data streams and / or e-mails (spam mail bombing)
   – Search for open access to computer systems (port scanning)
   – Sending emails to third parties for advertising purposes, unless the customer can assume that the recipient has an interest in this (e.g. following a request or previous business relationship)
   – the falsification of IP addresses, mail and news headers, as well as the distribution of viruses. We are legally obliged to delete illegal content or prevent illegal activities as soon as we become aware of them.
2. The customer may not use the services / resources / domains provided by the provider in such a way that the technical infrastructure of the provider or the data / performance of other customers is impaired.

§ 11 Blocking and exclusion

In the event of a breach of the terms of use, general terms and conditions or performance exceedance, the provider is entitled to temporarily block the user or exclude them completely from further use at the provider’s discretion.

§ 12 Exemption

Should the provider be held liable by third parties for possible legal infringements due to actions of the user, the user is obliged to indemnify the provider from any liability and to reimburse all costs (including the costs of legal defense) incurred by the provider due to the possible infringement. This does not apply if the user is not responsible for the infringement. Further claims for damages remain unaffected.

§ 13 Rights of use

1. If the provider makes software originating from the provider available to the customer, it transfers a simple, non-exclusive right to the customer for the duration of the contract term. If the software originates from third parties, the license conditions of the respective software provider or the respective open source software apply.
2. The provider provides a warranty for works / software originating from the provider in accordance with the statutory provisions.

§ 14 Liability

1. The provider is only liable for intent and gross negligence, unless it is a breach of an essential contractual obligation, injury to life, limb or health or liability for the lack of quality information / guarantees.
2. In the event of a breach of material contractual obligations, the provider’s liability shall be limited to the foreseeable damage typical for the contract and to a maximum amount of 2 monthly premiums.
3. Section 44a of the Telecommunications Act (TKG) applies within the scope of this provision. If the customer is an entrepreneur, § 14 para. 2 of these GTC also within the scope of application of Section 44a TKG.
4. The above clauses also apply to the liability of the provider for its vicarious agents and legal representatives.
5. Liability under the Product Liability Act remains unaffected by all of the above.
6. The customer undertakes to carry out a complete backup of his data after each working day on which the data stock was changed by him. The data is not stored on a data carrier at ClubShare GmbH. The data must be backed up before starting and completing the work. In the event of data loss, the customer will be transferred the relevant data backup to his hosting account with ClubShare GmbH free of charge.

§ 15 Data protection

1. The privacy policy can be found at https://clubshare.io/datenschutz/.
2. To continuously improve our ClubShare service, we use the Matomo analysis tool in the backend at app.clubshare.io to record the usage behavior of our users. This tracking enables us to gain detailed insights into the use of the tool and to make targeted improvements and optimizations based on this information. The data is collected and analyzed with the highest level of data protection and security in order to guarantee the privacy of our users. By using ClubShare, you agree to this form of data processing, which serves the sole purpose of increasing the user-friendliness and performance of our offer.

§ 16 Final provisions

1. The law of the Federal Republic of Germany shall apply to the exclusion of the CISG.
2. If the contractual partner is a merchant, a legal entity under public law or a special fund under public law, our registered office is agreed as the exclusive place of jurisdiction for all claims arising from or on the basis of this contract. The same applies to persons who do not have a general place of jurisdiction in Germany or persons who have moved their domicile or usual place of residence outside Germany after conclusion of the contract or whose domicile or usual place of residence is not known at the time the action is brought.
3. Should a provision of this agreement be wholly or partially invalid or lose its legal validity at a later date, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the statutory provisions.