Terms and Conditions of Business (T&C)
- CultSwitch GmbH, Berlin (referred to hereinafter as CultSwitch) carries out its services solely on the basis of these T&C. These T&C govern the contractual relationship between CultSwitch and the client. This will also apply to all future services if this is not explicitly agreed again to in the T&C.
- Deviations from these conditions of business are only valid if CultSwitch confirms them to its clients in writing. Otherwise, conflicting or deviating conditions of the client in its conditions of business or purchase do not apply.
- In addition to these T&C, special provisions may be used if external service providers are used for any particular service.
Quotes, Prices, Payment Conditions
- All quotes are subject to change and are not binding. All prices are net and exclude the applicable statutory value added tax.
- Commissions and irregular services will be invoiced immediately but at least once a month. Continuous services are invoiced in advance monthly or every quarter. Unless otherwise agreed, payment will be by direct debit.
- Project agreements will be invoiced after completion. CultSwitch is entitled to invoice partial deliveries from project agreements on a monthly basis.
- Invoices are generated electronically and signed digitally. A service charge of EUR 2.50 will be charged for individual invoices in paper form.
- If a direct debit cannot be carried out due to a lack of funds or for another reason for which the client is responsible, the client will be obliged to reimburse any resulting bank charges. If a debit entry is reversed, i.e. if a debit entry is returned unpaid, CultSwitch will charge the client 15 euros for the fees charged by the receiving bank and the additional administrative work and expense.
- The Client is also liable for all possible transfer risks, including, but not limited to, technical, tax, fines, losses incurred by third parties, etc.
- CultSwitch reserves the right to charge accruing reminder and processing fees. CultSwitch also reserves the right to assign verified debts with clients to third parties.
- Should the client fail to adhere to payment deadlines set by CultSwitch, interest after the due date of 4% p.a. over the applicable discount rate of the European Central Bank will be charged. The client is at liberty to prove that the amount of damage due to arrears is less. In cases of arrears of payment, CultSwitch will be entitled to block the client’s access to the service. The client’s claims for payment or reimbursement will be offset against CultSwitch invoice claims every month or 14 days by special agreement.
- Clients have to provide true and valid information. Client cannot use the name of another person, the name that is offensive, caddish, or infringes someone’s intellectual property rights, or otherwise violates these Terms. If Client is a legal entity, his representative must have the valid legal authority to represent that entity.
- It’ll be Client’s responsibility to notify CultSwitch immediately about any unauthorized access of use of his/her account or password or any other breach of security.
(d) Duration and Termination of the Agreement
- The contractual relationship begins on the day the agreement is first performed and will run for an indefinite period subject to any term stipulated in the agreement. It may be terminated with a notice period of 3 month to the end of the month. If a minimum term is agreed on, the agreement may not be terminated until this period has expired at the earliest.
- Notice of termination must be in writing. In cases where there is reasonable cause to suspect abuse, CultSwitch may block services without prior warning. The client is forbidden from using services provided in this agreement in any illegal fashion. It will be liable for the consequences of any such illegal use.
- After the agreement has ended, CultSwitch will be entitled unconditionally to delete all the client’s data.
(e) Use of External Services
- Where external services are used, CultSwitch will act only as a broker between the client and each service provider. At its option, CultSwitch reserves the right to temporarily or permanently alter, interrupt or stop individual or all services at any time, regardless of whether it has warned the client or not.
- CultSwitch accepts no liability for and gives no guarantee of the proper function of external services, e.g. online booking systems and/or their interfaces.
- The client will not publish content illegally on CultSwitch servers. The client bears sole responsibility for the right to publish this content.
- The client may not breach legislative bans, public morals or violate the rights of third parties pursuant to the law relating to the use of a name, copyright or other industrial property rights etc. with its form, content or pursued purpose and releases CultSwitch from all legal claims and costs resulting from the use of external materials
- CultSwitch does not – as a matter of routine – examine or check content, but reserves the right to block access to data if third parties assert claims to refrain or if the client is not the legal owner of published documents or electronic files.
(g) Data Protection, Operational Readiness
- We may use the information in ways which are provided for the Clients under the Legal Notice / Data Protection.
- If data (i.e. text, images, files) are transmitted to CultSwitch in any form, the client will make security copies. This is in the clients own interest, since, in spite of the fact that data are backed up regularly on CultSwitch’ servers, it is not technically possible to exclude the risk of data-loss with any degree of certainty.
- Emails are to be retrieved and backed up regularly by the client. CultSwitch will not delete the client’s emails but the risk of data-loss due to technical interruptions can never be excluded.
- CultSwitch will endeavour to ensure that its services are available all the time but for technical reasons cannot guarantee 100% operational availability.
- Pursuant to Section 33 of the German Data Protection Act, CultSwitch advises that personal data will be stored and, where appropriate, may be passed on to associated cooperation partners, agents and service providers to the extent necessary in order to fulfil the agreement.
If the client wants entries in booking portals, internet search programmes or trade directories, the corresponding data will not be deemed confidential and may be published freely by CultSwitch in the internet, thereby being made accessible to third parties.
(i) Limitation of liability
- Unless stated in the Terms, we are not liable to Client or anyone else for any loss of use, data, goodwill, incomes or profits, whatsoever, and any special, incidental, indirect, consequential, or punitive damages whatsoever, regardless of cause (even if we have been advised of the possibility of the loss or damages). That includes losses and damages which are result of loss of use, data, or profits, whether or not foreseeable; based on any theory of liability, including breach of contract or warranty, negligence or other similar actions; or arising from any other claim arising out of or in connection with your use of or access to the Service.
- We are also not responsible for all dues, taxes and fees of Client, which will may be a result of Client’s usage of applications according to law of Client’s residence or/and Client’s national law or law of any other country.
(j) Liability, Compensation for Damage
- All liability is excluded if it is not due to the grossly negligent or wilful breach of contract by CultSwitch directly, any of its legal representatives or agents. The value of any such liability will be limited to twelve times CultSwitch’ average monthly commission for its services (less fees of third parties).
- This also applies to all damage claims, regardless of reason or amount.
(k) Intellectual property
- All content included as part of the service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the service, is our property or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. Client agrees to observe and abide by all copyright and other proprietary notices or other restrictions contained in any such content and will not make any changes thereto.
- Client shall not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Service.
- Client agrees that you do not acquire any ownership rights in any protected content. We do not grant Client with any licenses, express or implied, to the our intellectual property or our licensors except as expressly authorized by these Terms.
(l) Final Provisions
- All alterations, corrections, ancillary arrangements, notices of termination or the partial or entire cancellation of the contractual relationship must be in writing, as must the alteration or cancellation of the requirement for the use of written notifications.
- CultSwitch reserves the right to amend or add to the T&C in the future. You will be advised separately of any additions or alterations to these T&C.
- The exclusive place of fulfilment and jurisdiction for all disputes arising from this contractual relationship is Berlin. This agreement is subject to the laws of the Federal Republic of Germany.
- Should a provision of this agreement be invalid or become invalid or should this agreement contain an omission, then the legal effect of the other provision shall not thereby be affected. Instead of the invalid provision a valid provision is deemed to have been agreed upon which comes closest to what the parties intended; the same applies in the case of an omission.
(m) Contact us
- If you need more information about Terms or have any proposal to improve them, you are welcome to contact us at: info(at)cultswitch.com